Byron Chiu 趙博安大律師

T: (+852) 2523 2003
E: bchiu@templechambers.com
Secretary: Jasmine Chik T: (+852) 2248 1961

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 (now Derek Chan SC), 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.

Byron has worked on a variety of securities-related and regulatory matters (including advising and/or acting both for and against regulators). He has experience in cases involving banking, commercial, company, competition, trust, probate, land, employment and matrimonial law as well as in 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, the Securities and Futures Appeals 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 [2018] 4 HKLRD 396, 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)

Appeared on behalf of petitioners, company, supporting and opposing creditors in short hearings in the Companies Court in respect of petitions to wind-up companies (e.g. Re Blockchain Group Co Ltd [2018] HKCFI 2590 (successfully wound up publicly listed company); Re General Nice Development Ltd, HCCW 418/2016) and petitions for relief for unfair prejudice (e.g. Re HK Metal Trading Ltd, HCCW 380/2017; Re T-Hero Industrial Co Ltd, HCCW 403/2017)

Banking, Financial Services and Securities Regulation

UBS AG and UBS Securities Hong Kong Ltd v Securities and Futures Commission, SFAT 2/2018, acting for UBS in ongoing application for review of a decision made by the Securities and Futures Commission (led by Benjamin Yu SC and with Laurence Li)

Shine Grace Investment Ltd & ors v Citibank NA & anor [2018] HKCFI 1737, appeared for investor and guarantors in a 13-day trial concerning a HK$ 478 million claim for mis-selling of equity accumulators (led by Paul Shieh SC and with Jin Pao (now Jin Pao SC))

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

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 Competition Commission in a four-week trial in the second enforcement action (first on market sharing and price fixing) under the Competition Ordinance, Cap 619 (led by Daniel Beard QC and Abraham Chan SC); see also [2018] HKCT 5 and [2018] HKCT 6 (led by Abraham Chan SC); [2018] HKCT 2 (sole advocate)

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; [2018] HKCA 408, successfully resisted 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)

Deltatre SPA v LeTV Sports Culture Develop (HongKong) Co Limited [2018] 4 HKLRD 478, successfully resisted summary judgment and stay of proceedings granted; whether stay of proceedings on the basis of exclusive jurisdiction clause should be refused simply because there is no credible defence (sole advocate)

Lam & Lai Solicitors v Ho Chun Yan Albert, [2018] 2 HKLRD 127, appeared for plaintiff in successful appeal against taxation of costs (led by Bernard Man SC); see also [2018] HKCA 199 (led by Bernard Man SC; [2018] HKCA 711 (sole advocate); HCMP 555/2015, 27.07.17 (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)

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

Injunctive Relief

China Merchants Bank Co Ltd (Taiyuan Branch) v Cai Sui Xin [2018] HKCFI 2228 appeared for defendant in a third party application for variation of terms of Mareva injunction (sole advocate)

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)

Tsang Yan Kwong v 360HK Limited (incorporated in Belize) [2018] HKCFI 1886, appeared for defendant resisting interlocutory mandatory injunction in respect of pledged and hypothecated shares (led by Victor Dawes 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)

張果喜 v 陳伏蘭, HCMP 708/2018, appeared for plaintiff seeking and obtaining a “notification injunction” against disposition of specific property in anticipation of enforcing PRC divorce decree pursuant to Part IX of the Matrimonial Cause Ordinance (Cap 179) (led by Bernard Man SC)

Alexander Tugushev v Vitaly Orlov, HCMP 1116/2018, appeared for plaintiff seeking and obtaining a section 21M Mareva Injunction in aid of UK proceedings in respect of US$350,000,000 (with Laurence Li)

Others

Secretary for Justice v Chan Thao Phuomy & anor [2018] 3 HKLRD 310 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