Byron Chiu 趙博安大律師

T: (+852) 2523 2003
E: bchiu@templechambers.com

Professional qualifications

Call 2017 (Hong Kong)
ACIArb 2015

Education

2016 PCLL, University of Hong Kong
2015 BCL, University of Oxford
2014 JD, University of Hong Kong (Top Graduate, First Class Honours)
Ranked first overall in class during each year of study
Ranked first in class in Equity and Trusts, Land Law, Tort Law and Criminal Law
2012 BA (Economics, Political Science), University of California, Berkeley (High Distinction)

Scholarships and prizes

2016 HKSAR Government Scholarship
2016 JAC Hui Bon Hoa Prize in Wills, Trusts and Estate Planning
2016 Champion, Herbert Smith Freehills Competition Law Moot (International Competition)
2016 Best Written Memoranda, Herbert Smith Freehills Competition Law Moot (International Competition)
2015 Runner-Up, Shearman & Sterling University of Oxford Moot Competition
2014 Betty Ho Prize in Law for Best Overall Performance in the Academic Year
2014 HKU JD Prize (Equity and Trusts)
2014 HKU JD Prize (Land Law)
2014 Hong Kong Mediation and Arbitration Centre Professional Award
2014 Champion, Oxford International Intellectual Property Moot (International Competition)
2014 Sir Nicholas Pumfrey Award for Best Individual Mooter, Oxford International Intellectual Property Moot (International Competition)
2014 Champion, Oxford Hong Kong Mooting Competition
2014 Temple Chambers Pupillage Award
2014 Des Voeux Chambers Junior Scholarship
2013 Betty Ho Prize in Law for Best Overall Performance in the Academic Year
2013 HKU JD Prize (Tort Law)
2013 HKU JD Prize (Criminal Law)
2012 High Distinction in General Scholarship (University of California, Berkeley)
2012 Dean’s List (University of California, Berkeley)

Practice profile

Byron joined Chambers after completing his pupillage with Mr Bernard Man SC, Mr Derek Chan, Mr Laurence Li and Mr Keith Lam. He is developing a broad civil and commercial practice and accepts instructions in all areas of Chambers’ work.

He has worked on a wide variety of cases involving areas such as banking, securities, commercial, company, competition, trust, probate, land, employment and matrimonial law as well as financial regulation and arbitration. He has appeared as an advocate (either in his own right or as a led junior) in the Court of Appeal, the Court of First Instance, the Competition Tribunal and the District Court.

Byron completed his Juris Doctor degree at the University of Hong Kong, ranking first overall in his class and receiving prizes for best performance in a number of subjects. He subsequently obtained his Bachelor of Civil Law degree at the University of Oxford.

An active moot court participant, Byron won two international mooting competitions with the University of Hong Kong team, namely the Herbert Smith Freehills Competition Law Moot in 2016, in which his team also won the award for Best Written Memoranda, and the Oxford International Intellectual Property Moot in 2014, in which he was awarded the Sir Nicholas Pumfrey Award for Best Individual Mooter.

Selected Cases

Company

Re The Bank of East Asia Limited, HCMP 1812/2016, appeared for the bank in a 3-day hearing of discovery summonses in unfair prejudice petition alleging share placements passed for improper purposes (led by Charles Hollander QC)

Advised listed company in respect of regulatory investigation in relation to voting control, shareholding structure and disclosure obligations (led by Gerard McCoy SC and Victor Dawes SC)

Banking, Financial Services and Securities Regulation

Shine Grace Investment Ltd & ors v Citibank, N.A & anor, HCCL 28/2008, HCCL 28/2013 and HCCL 29/2013, appeared for investor and guarantors in a 13-day trial concerning mis-selling of equity accumulators (led by Paul Shieh SC and with Jin Pao)

Appeared before the Appeal Committee of the Professional Insurance Brokers Association in an appeal concerning producing intermediaries and placing brokers (with Jin Pao)

Advised listed company director in respect of ongoing proceedings under section 214 of the Securities and Futures Ordinance Cap. 571 (led by Benjamin Yu SC and with Laurence Li)

Advised bank in respect of claims of negligence and vicarious liability in connection with bank employee's fraudulent conduct (with Laurence Li)

Advised company on potential initial coin offering (ICO); whether the ”coins” are “securities” or other regulated financial arrangements within the ambit of the Securities and Futures Ordinance, Cap. 571 (with Laurence Li)

Competition

Competition Commission v W Hing Construction Company Ltd & Ors, CTEA 2/2017, acting for the Commission in the second set of proceedings under the new Competition Ordinance, Cap 619 (led by Abraham Chan SC)

Commercial and Civil Disputes

Shenzhen Futaihong Precision Industry Co Ltd & ors v BYD Co. Ltd & ors, HCA 2114/2007, acting for plaintiffs by original action and defendants by counterclaim involving, inter alia, breach of confidence; CACV 63, 76/2017, resisting appeal against leave to amend pleadings and adduce expert evidence (led by Wong Yan Lung SC and with Law Man-Chung)

Hong Kong Zhixin Financial News Agency Ltd v China Maple Leaf Educational Systems Ltd, HCA 2973/2016, acting for plaintiff in seeking specific performance of issuance and allotment of option shares in listed company and defending against allegations of insider dealing and misrepresentation (with Laurence Li)

JJB Link Logistics Company Ltd & ors v Wang Chung Leong & ors, HCA 197/2018, appeared for plaintiffs applying for interim negative and Mareva injunctions against former and current directors and employees (led by Bernard Man SC)

AESO Holding Limited & anor v Dragon Success Enterprise Limited & ors, HCMP 1737/2017, appeared for defendants in opposition to the continuation of Mareva injunction and preservation order (with Laurence Li)

Deltatre SPA v LeTV Sports Culture Develop (HongKong) Co Limited, HCA 1303/2017, appeared for defendant in resisting summary judgment and applying for stay of proceedings on the basis of exclusive jurisdiction clause (sole advocate)

Lam & Lai Solicitors v Ho Chun Yan Albert, CACV 172/2017, appeared for plaintiff in successful appeal against taxation of costs (led by Bernard Man SC); HCMP 555/2015, appeared for plaintiff in application for directions under Order 59, rule 21(3) and alternatively leave to appeal (sole advocate)

Pakon Industrial Limited v Donny International Limited, HCA 491/2017, appeared for plaintiff in obtaining summary judgment for vacant possession of premises and mesne profits for wrongful occupation (led by Bernard Man SC)

China Merchants Bank Co Ltd (Taiyuan Branch) v Cai Sui Xin, HCMP 2911/2016, appeared for defendant in a third party application for variation of terms of Mareva injunction (sole advocate)

Kristen Lee v Santa Fe Transportation International Limited, DCCJ 1904/2016, appeared for plaintiff in appeal from Master's decision to Judge in Chambers in respect of compliance with unless order and application for relief from sanction (sole advocate)

Advised on the powers of the Commissioner for Rating and Valuation and the principles concerning assessment of rates under the Rating Ordinance, Cap 116 and the Government Rent (Assessment and Collection) Ordinance, Cap 515 (led by Bernard Man SC)

Advised airline company in respect of obligations and liabilities under a contract for the supply of avionics and aircraft equipment

Others

Secretary for Justice v Chan Thao Phuomy & anor [2018] HKCFI 1394 as amici curiae, in defendants’ application to oppose registration of “external confiscation order” under section 29(1) of the Drug Trafficking (Recovery of Proceeds) Ordinance, Cap 405 (led by Jat Sew-Tong SC and with Janet Ho)

Publications and Journals

Associate Editor, Hong Kong Journal of Legal Studies (2015-16)

Student Editor, Asia-Pacific Journal on Human Rights and the Law (2012-13, 2015-16)

Languages

English, Cantonese, Mandarin