Jat Sew-Tong, SBS, SC, JP 翟紹唐資深大律師

T: (+852) 2523 2003
E: jst@templechambers.com
F: (+852) 2810 0302
Secretary: Lucia Hau T: (+852) 2248 1887
E: luciahau@templechambers.com

Professional qualifications

Call: 1989 (HK); 1988 (England & Wales; Grays’ Inn)
Inner Bar: 2002

Appointments and public office

Current

Chairperson, Minimum Wage Commission (2011 – )
Chairman, Unsolicited Electronic Messages (Enforcement Notices) Appeal Board (2013 – )
Disciplinary Chair Committee, Securities and Futures Commission (2014 – )
Member, Energy Advisory Committee (2014 – )

Previous

Recorder of the Court of First Instance, High Court (2005 – 2014)
Chairman, Independent Police Complaints Council (2008 – 2014)
Chairman, Criminal and Law Enforcement Injuries Compensation Boards (2005 – 2011)
Chairman, Review Committee on Trust Fund for SARS (2007 – 2011)
Deputy Chairman, Administrative Appeals Board (2005 – 2011)
Deputy Chairman, Telecommunications (Competition Provisions) Appeal Board (2005 – 2011)
Deputy Chairman, Board of Review (Inland Revenue Ordinance) (2004 – 2006)
Deputy Judge of the Court of First Instance, High Court (2004)
Election Committee 2000 – 2005 (Legal sub-sector)
Honorary Secretary and Treasurer, Hong Kong Bar Association (2001 – 2002)
Council member, Hong Kong Bar Association (2003 – 2004)

Education

1989 BCL, Lincoln College, University of Oxford, UK
1987 LLB (Hons), London School of Economics and Political Science, University of London, UK
1977-1984 Diocesan Boys’ School, Hong Kong

Scholarships and prizes

Oxford University Scholarship for Overseas Students (1988)

Practice profile

Jat Sew-Tong SC’s practice is primarily in civil commercial litigation, judicial review and defamation. His commercial practice covers contract disputes, international trade and carriage of goods, banking, insurance, company law and shareholders disputes, breach of confidence and fiduciary duties claims, commercial arbitration and professional negligence in financial and commercial matters. He has advised on and appeared in a number of judicial reviews and public law cases over a wide spectrum of subjects such as immigration, social welfare, town planning, minimum wage legislation and broadcasting.

Selected cases

Commercial

Active Profit v Nissho Iwai (constructive trust & account of profits; CFA)

Karaha Bodas Co v Pertamina (enforcement of NY Convention arbitration award in relation to geo-thermal energy project in Java - fraud exception; CFA)

Shanghai Tongji Science & Technology Co v CASIL Clearing (letter of credit - implied contract; CFA)

Swiss Singapore Overseas Enterprises v China CITIC Bank Corp (letter of credit – reimbursement and estoppel; CA)

China New Era v Bank of China (letter of credit – discrepancies and fraud)

Strong Base v Geroma (summary judgment - conditional leave; CA)

Bank of China v Twin Profit (Mortgage action - Originating Summons – judgment given summarily – leave to appeal to Court of Final Appeal - whether interlocutory or final; CA & CFA)

Xinjiang Xingmei Oil-Pipeline Co v Sinopec (forum non-convenience)

Bank of China v Nam Tai Electronics (liquidation - mortgagee account)

Bank of China v Oasis Airline (insolvency - enforcement of bank security upon appointment of provisional liquidators)

Formosa Taffeta v Credit Agricole (mis-selling claim by Taiwanese corporate investor – duty of care)

Kwok v HSBC Private Bank (private banking - mis-selling accumulators and structured products – “execution only” account - whether duty to advise customer - contractual estoppel)

DBS Bank v San-Hot HK Industrial Ltd (private banking - mis-selling accumulators and structured products - misrepresentation - “execution only” account - whether duty to advise customer - contractual estoppel)

Rightbest v DBS Bank (private banking - mis-selling accumulators and structured products - misrepresentation - “execution only” account - contractual estoppel)

China Man-Made Fibre Corp v Goldman Sachs (FX accumulator mis-selling claim by Taiwanese corporate investor – whether duty to advise – misrepresentation – contractual estoppel)

Li v Standard Chartered International (USA) Ltd formerly American Express Bank (private banking – loss of investment in Madoff feeder fund – bank’s due diligence)

Liang v Credit Suisse (mis-selling claim by Mainland investor – amendment – illegality under Mainland law)

Chan Mei Ying v Citibank (Lehman Brothers mini-bonds mis-selling claim - acting for claimant on instruction of Consumer Council’s Consumer Legal Action Fund)

Moulin Global Eyecare Holdings v KPMG (audit negligence)

Company and insolvency

Re Yung Kee Restaurant (minority shareholder’s petition – striking out winding up relief - jurisdiction over BVI holding company under Companies Ordinance s.168A and s.327 - business valuation; CFA)

Re Rena Gabriel; Re Goldcone (voluntary v compulsory liquidation)

Re Sweetmart Garment (No 2) (jurisdiction of Court to assess remuneration of provisional liquidator appointed by Official Receiver under Companies Ordinance s.194(1A))

Re Solar Touch (winding-up – exercise of jurisdiction under Companies Ordinance s.327)

Re Fook Lam Moon Restaurant (minority shareholder’s petition)

Judicial Review / public law / regulatory

Chong Fung Yuen v Director of Immigration (right of abode; CFA)

Tam Nga Yin v Director of Immigration (right of abode; CFA)

Fateh Mohammad v Director of Immigration (right of abode; CFA)

Leung Kwok Hung v Chief Executive in Council (minimum wage legislation)

Fine Tower v Town Planning Board (town planning - de facto deprivation; CA & CFA)

Hong Kong Sanatorium Hospital v Town Planning Board (town planning - height restriction – “spot zoning”)

Hysan Development v Town Planning Board (town planning – height restriction – “spot zoning” – air ventilation – procedural fairness; CFI & CA)

Society for Protection of Harbour v Secretary for Justice(Central-Wanchai bypass -temporary reclamation of harbour)

Citizens Radio (civil injunction in aid of criminal law - contempt of court)

Secretary for Justice v Apple Daily (contempt of court - report of confession prejudicing or interfering with pending criminal proceedings)

Kong Yunming v Director of Social Welfare; Yao Man Fai v Director of Social Welfare (social security - residence requirements; CA)

Re C (enforcement of external confiscation order under Drug Trafficking (Recovery of Proceeds) Ordinance – amicus curiae)

Leung Kwok Hung v President of Legislative Council (parliamentary privilege – power of President of Legislative Council closing debate on amendments to bills – whether right of legislator to filibuster; CA)

Hyundai-CCECC JV v Environmental Protection Department (Dumping at Sea Appeal Board - London Protocol)

Allied Group v Secretary for Justice (breach of implied undertaking over “unused materials” in criminal cases; CFI & CA)

Securities and Futures Commission v Cheung Chi Sing Kenneth (director’s disqualification – order for compensation against delinquent director)

Securities and Futures Commission v Ernst & Young (disclosure by Hong Kong auditors of information and audit working papers held by affiliate on Mainland in aid of investigation into market misconduct pursuant to Securities and Futures Ordinance s.183)

Securities and Futures Commission v Sun Hung Kai Securities (Securities and Futures Appeal Tribunal – sponsor’s duty re due diligence in listing application)

Market Misconduct Tribunal re CITIC Ltd (disclosure of false or misleading information inducing transaction under SFO s. 277)

Defamation

Steven Cheung v Eastweek Magazine (setting aside excessive award; CA)

Larry Yung v Next Magazine (strike out fair comment defence; CA)

John Sham v Eastweek Magazine (discovery of source - newspaper rule)

Ho Shiu Ming v Manson Fok (leave to make statement in open court)

Others

Estate of Teddy Wang (will - want of knowledge and approval - forgery - handwriting evidence; CA & CFA)

Estate of Tao Hiu Ming (probate – due execution – capacity – want of knowledge and approval)

Garley Building Fire Inquiry (representing Incorporated Owners of building)

New Airport Inquiry (junior counsel for the Inquiry)

Manila Hostage Death Inquest (Coroner’s Officer)

Re Mably (admission of English junior barrister in addition to English QC to prosecute corruption trial against former Chief Secretary and chairmen of listed property group; CA)