James Man 文國灝大律師
T: (+852) 2523 2003
E: jamesman@templechambers.com
Clerk: Francisco das Caldas (+852) 2248 1871
Professional qualifications
| Call: | 2014 (Hong Kong) |
Education
| 2013 | PCLL, University of Hong Kong |
| 2012 | LLB, University of Hong Kong |
Scholarships and prizes
| 2012 | Simon K Y Lee Medal in Law |
| 2012 | Dean’s Honours List |
| 2011 | Dean’s Honours List |
| 2011 | Asia-America Institute Transnational Law Scholarship |
| 2008 | HKU Foundation Entrance Scholarship |
| 2007 | Sir Edward Youde Memorial Prize |
Practice profile
Following successful completion of pupillage with Mr. Victor Dawes SC and Mr. Bernard Man SC, James joined Chambers in September 2014.
James is a graduate of the University of Hong Kong. He ranked second in his penultimate year and was awarded the Simon K Y Lee Medal in Law for being the top finalist in the LLB programme in his year.
James is developing a broad civil practice and accepts instructions in all areas of Chambers’ work. He has been instructed in a wide range of cases involving areas such as company & insolvency, regulatory, general commercial, public law, land and building management, trust and probate, defamation, professional negligence, committal for contempt and injunctive relief.
James has appeared as an advocate (both in his own right and as a led junior) in the Lands Tribunal, the Market Misconduct Tribunal, the District Court, the Court of First Instance, the Court of Appeal and the Court of Final Appeal.
Selected cases
Family disputes
Yang Foo-Oi by Leung Ping Chiu Roy, her next friend v Wai Wai Chen & Anor, HCA 1739/2010: Appeared on behalf of the defendants at the 21-day trial in relation to a claim arising from the distributing of assets by the founder of the Nan Fung Group to his family members (led by Ambrose Ho SC and Victor Dawes SC)
Tao Soh Ngun v HSBC International Trustee Limited, HCA 3246/2016 & HCA 355/2018: Appeared on behalf of the matriarch of the Lo Family (also one of the co-founders of the Great Eagle Group) at the trial against the defendant trustee in relation to the Lo Family Trust (led by Benjamin Yu SC, Bernard Man SC and with Sara Tong and Andrea Yu)
Herman Budihardjo & Ors v Hadi Gunawan & Ors [2018] HKCFI 1450: Appeared on behalf of D2-D6 at the 18-day trial in relation to an alleged family trust (led by Victor Dawes SC)
Company & Insolvency
Re Yung Kee Holdings Ltd (2015) 18 HKCFAR 501: Appeared on behalf of the respondents in the petitioner’s appeal against dismissal of the contributory’s petition brought under s.168A and s.327(3)(c) of the Companies Ordinance (Cap.32) on, inter alia, grounds of jurisdiction (led by John Bleach SC and Victor Joffe QC)
Re Yung Kee Holdings Ltd (2015) 18 HKCFAR 631: Appeared on behalf of the respondents in the application to rescind the winding-up order and alternatively to stay the winding-up proceedings
Crown Master International Trading Co., Ltd v China Solar Energy Holdings Limited [2015] 4 HKC 505: Acted for the listed company for injunction restraining shareholder from voting at the SGM (with Jin Pao)
Caspian Resources Development Pte Limited v Fortune Oil Plc & Ors [2015] 5 HKLRD 836: Appeared on behalf of the successful appellants in the appeal from Master on the effect of deregistration of a foreign company in ongoing proceedings in Hong Kong
Re: Kingstone International Wealth Management Ltd, CACV 56/2017: Appeared on behalf of the successful appellant for leave to commence statutory derivative action; consideration of the “no conflict” rule as applied to a company director (led by Bernard Man SC)
Re: Hang Heung Cake Shop Company Limited, HCMP 812/2017: Appeared on behalf of the petitioners for successful appointment of receivers and managers of the company (led by Victor Joffe QC and with Robin McLeish)
Regulatory
Market Misconduct Tribunal re CITIC Limited: Appeared on behalf of the SFC with respect to disclosure of false or misleading information inducing transaction under SFO s. 277 (led by Adrian Bell SC and Bernard Man SC and with Derek Chan)
SFC v Sun Min [2017] 4 HKLRD 211: Appeared on behalf of the defendant for consent order to be made under s.213(2)(b) of the SFO; consideration of the nature of the relief under s.213(2)(b)
General civil and commercial
Beijing Tong Gang Da Sheng Trade Co Ltd & Anor v Allen & Overy (a firm) & Anor (2016) 19 HKCFAR 705: Appeared on behalf of the successful appellants on issues of limitation and its interplay with RHC O.20 r.5 (led by Victor Dawes SC)
Ho Ming Pui Andy v Midland Realty (Strategic) Limited [2017] 5 HKC 469: Appeared on behalf of Midland to strike out pleading. Consideration of validity of conclusive evidence clause (led by Wong Yan Lung SC)
Revelry Gains Limited v Joy Rich Development Limited [2017] 1 HKLRD 769: Appeared on behalf of the intended interveners in a joinder application. Consideration of proper procedure for creditor/shareholder to intervene and use the company’s name to defend proceedings when the company is in liquidation (led by Bernard Man SC)
Cheng Hung Kit v Tsoi Chik Sang Lawrence [2017] 4 HKLRD 579: Appeared on behalf of the successful defendant to strike out the plaintiff’s action based on estoppel and laches (led by Bernard Man SC)
Hao Xiaoying v Wong Yiu Lam William & Ors [2015] 3 HKC 155; [2017] 6 HKC 151 (CA): Application for committal of company’s directors; consideration of meaning of “records of the specified corporation” under s.152FA of the old companies ordinance (led by Victor Dawes SC)
Beijing Hantong Yuzhi Convention Centre Ltd v Lao Yuan Yi [2016] 2 HKC 1 (CA): Acted for the appellant to appeal against findings on foreign law. Treatment of foreign judgments directly in point (led by Bernard Man SC)
Lam Yee Hung v Chinachem Charitable Foundation Limited, HCA 764/2015: Appeared on behalf of the Foundation in the plaintiff’s appeal against order for F&BPs and the plaintiff’s application for amendment of pleadings
Ming Hsieh v Xu Zhe & Ors, HCMP 3072/2014: Appeared on behalf of the defendants to discharge injunction granted under s.21M of the High Court Ordinance in aid of foreign proceedings (led by Paul Shieh SC and with Victor Dawes). Successfully appealed against the judge’s decision in CACV 189/2015 (led by Ambrose Ho SC)
Anite Telecoms Limited v World Best Cargo-Link Company Limited, HCA 2560/2013: Acted for the plaintiff for release of undertaking not to disclose discovered documents to third parties. Consideration of privilege against self-incrimination (led by Bernard Man SC)
Ubiquiti Networks International Limited v Cham Kim Chuen & Ors, HCA 1606/2016: Appeared on behalf of the plaintiff to resist the defendants’ striking-out application on the ground of abuse of process based on the doctrine of Henderson v Henderson (led by Jose Maurellet SC)
Defamation
司徒啟瑞 v 李孝仁, HCA 147/2011: Acted for the vice-chairman of Nan Fung Group in the libel trial against the defendant (led by Jat Sew-Tong SC and with Victor Dawes)
Synergis Holdings Limited & Ors v Jackson Xu Zhao Ze, HCA 1326/2014: Appeared on behalf of the plaintiffs to obtain interim injunction restraining the defendant from publishing the statements in question (with Victor Dawes); and in a number of short hearings including application to strike out pleading
Lam Kit Sing v Chungshan Commercial Association, HCA 2011/2014: Appeared on behalf of the defendant to strike out pleading (led by Bernard Man SC)
Probate and administration
Re Estate of Chow Kwok Leung, HCMP 797/2016: Appeared on behalf of the beneficiary for application to remove administrators
Property
Re Garden Lot No.68, Shek O, Hong Kong [2017] 2 HKLRD 374: Appeared on behalf of the plaintiff to join the Government as a defendant. Consideration of squatter control policy and adverse possession through licensee (led by Bernard Man SC)
Tierra Trading Ltd v Land Base Ltd, HCMP 374/2014: Appeared on behalf of the defendant at the 3-day trial in relation to adverse possession of a strip of land in Causeway Bay (led by Bernard Man SC)
Kwai Tak Ming v KS Capital One Limited & Ors, HCA 679/2012: Appeared on behalf of the defendant at the 6-day trial in relation to whether a sale & purchase agreement ought to be set aside for misrepresentation, undue influence, unconscionable dealing and breach of fiduciary duties (with Jin Pao)
Public law
Leung Tin Kei Edward v Electoral Affairs Commission, HCAL 133/2016: Appeared on behalf of the EAC on question of urgency of the judicial review in relation to the lawfulness of the Confirmation Form used in the nomination process in the 2016 LegCo election (led by Johnny Mok SC and with Abraham Chan)
Intellectual Property
Ng Lai Oi & Anor v Hui Tsz Chung trading as Amerasia Trade Co, HCA 966/2015: Appeared on behalf of the trademark holder for interim injunction restraining infringement activities
One Blue LLC v Huizhou Desay D&V Science and Technology Co., Ltd, HCA 78/2014: Appeared on behalf of the defendant to oppose application for summary judgment for breach of patents licensing agreement (with Jin Pao)
Arbitration
Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd, CACV 158/2012: Appeared for the plaintiff in the application for leave to appeal to the CFA involving issues of the jurisdiction of the enforcement court in a common law action on the award (led by David Joseph QC, Edward Chan SC, Bernard Man SC and with Lee Tung Ming, Keith Lam and Justin Ho)
Appeared on behalf of the claimant at the 3-day trial in relation a dispute arising out of the expiration of the license and distribution arrangement of an international retail brand in Hong Kong (led by Paul Shieh SC)
Determination of jurisdiction to hear counterclaim in a hotel development dispute (led by Victor Dawes SC)
Mental Health
C v B [2018] 2 HKLRD 1105: Appeared for the Applicant in the MHO Part II inquiry. Consideration of the interplay between the enduring power of attorney regime and the MHO Part II regime
Further information
2014: Honourary Lecturer at the University of Hong Kong
Publications
The Yung Kee Case: The Court of Final Appeal Decides, Hong Kong Lawyer, January 2016
Languages
English, Cantonese and Mandarin