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

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

Re Dejin Resources Group Company Limited, HCCW 76/2014: Acted for the listed company to oppose creditor’s application of appointment of receiver and winding-up petition under s.327 of the Companies Ordinance. Consideration of the 2nd and 3rd core requirements (with Eva Sit)

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

Myers Management Consulting Limited v Topmix (International) Company Limited, DCCJ 3051-3054/2014; CACV194-197/2015: Appeared on behalf of the plaintiff in leave to appeal and security for costs applications; determination of whether a minority shareholder has a common law right to intervene in proceedings for the purpose of defending the proceedings on behalf of the company

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

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)

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)

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

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)

Herman Budihardjo & Ors v Hadi Gunawan & Ors, HCA 441/2012: Appeared on behalf of D2-D6 at the 18-day trial in relation to a family dispute. Consideration of principles of fraudulent conveyance (led by Victor Dawes 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)

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)

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)

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, HCMH 19/2016: 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