Jonathan Chang 張天任大律師

T: (+852) 2523 2003
F: (+852) 2918 4711
E: jchang@templechambers.com
Secretary: Fanny Chang T: (+852) 2248 1870

Professional qualifications

Call: 2001 (HK) (full practice 2003)
CEDR Accredited Mediator: 2010

Appointments and public office

Deputy Honorary Secretary of the Bar Council (2016-present)
Member of the Bar Council (2008-2009)
Deputy District Judge (2012, 2016)
Member of Appeal Panel (Housing) (2017-present)
Adjudicator of Obscene Articles Tribunal (2010-present)

Education

LLM, King’s College London (2002)
PCLL, University of Hong Kong (2001)
LLB, University of Hong Kong (2000)

Scholarship

Bar Scholarship (2001)

Languages

English, Cantonese and Mandarin

Practice profile

Jonathan practices in all areas of Chambers’ work, with a particular emphasis on commercial litigation, judicial review, tax, land and regulatory work. He has appeared in a wide variety of cases, both led and unled, at all levels of the Courts, the Board of Review, the Insider Dealing Tribunal, the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal. He was also appointed as a Deputy District Judge in 2012 and 2016.

Born and educated in Hong Kong, Jonathan is comfortable with the use of the Chinese language in Court proceedings, and he has on numerous occasions conducted trials and appeals in Chinese. He has also given expert evidence on Hong Kong law in Mandarin in Mainland proceedings.

As a CEDR accredited mediator, Jonathan from time to time also acts as mediator in commercial and general civil disputes.

Selected cases

Judicial review

Tang Hanbo v SFC (HCAL 229/2016) (legality of search warrant and SFC’s transmission of materials to the China Securities Regulatory Commission in combatting cross-border market manipulation) (led by Benjamin Yu SC)

TVB v Takeovers and Mergers Panel (HCAL 250/2017) (legality of conditions imposed for the grant of whitewash waiver on mandatory general offer for shares in a listed company) (led by Benjamin Yu SC)

Sham Wing Kan v Commissioner of Police (HCAL 122/2014) (power of police to inspect contents of a seized mobile phone) (led by Johnny Mok SC)

AA & Anor v SFC (HCAL 41/2016) (constitutionality of production orders issued under s.181 SFO and SFC’s transmission of information to overseas securities regulatory) (led by Benjamin Yu SC)

Comilang, Luis & Dembele v Director of Immigration (CACV 59, 60 & 149/2016) (foreign domestic workers’ right to remain in Hong Kong for family reunion based on family rights under the Basic Law and international conventions) (led by Benjamin Yu SC and Abraham Chan SC)

BI & BH v Director of Immigration [2016] 2 HKLRD 520 (proper interpretation of the dependant policy in Hong Kong) (led by Benjamin Yu SC)

Hudson Timothy George Loh v Director of Immigration [2017] 1 HKLRD 1234 (classes of persons qualified as Chinese nationals under PRC Nationality Law) (led by Johnny Mok SC)

Yung Chi Keung v Protection of Wages on Insolvency Fund Board & Anor [2015] 1 HKLRD 306 (proper operation of the Protection of Wages on Insolvency Fund) (led by Roxanne Ismail SC); before the CFA [2016] 3 HKC 575 (led by Ambrose Ho SC)

Chang Li Hsien Leslie v SFC (HCAL 164/2014) (stay of Market Misconduct Tribunal proceedings) (led by Horace Wong SC)

Sabir Mohammed & Anor v Permanent Secretary for Security (HCAL 114/2015) (refusal to rescind or suspend a deportation order on compassionate or humanitarian grounds)

Hong Kong Tin Lung Trading Co v Food and Environmental Hygiene Department (HCAL 231/2016) (legality of a notice suspending import of hairy crabs into Hong Kong)

Suen Mo Joel v Director of Social Welfare (HCAL 117/2012) (level of maximum rent allowance under the CSSA Scheme) (led by Johnny Mok SC)

Cheung Kin Ho & Ors v Registration of Persons Tribunal [2014] 3 HKLRD 526 (whether the 7-year continuous residence criteria for attaining Hong Kong permanent resident status is disrupted by fraud leading to the grant of the entry permit)

Man Hing Medical Supplies (International) Ltd v Director of Health & Anor [2015] 3 HKLRD 224 (power to order a recall of medical products from the market) (led by Raymond Leung SC)

Ng Shek Wai v Medical Council of Hong Kong [2015] 2 HKLRD 121 (disclosure of information concerning a disciplinary inquiry pursuant to a request made by a member of the public)

Lo Hom Chau v Director of Marine (HCAL 59/2009) (legality of the Director’s decision to stop a vessel from leaving Hong Kong waters to the Diaoyutai Islands) (led by Johnny Mok SC)

Commercial / private law disputes

Chang Wa Shan v Esther Chan Pui Kwan (CACV 240/2015) (whether absolute privilege covers an informant who provides information for use in civil proceedings, and recoverability of loss and damage flowing from a slander repeated in newspaper reports) (led by James Price QC and Benjamin Yu SC)

Recall International Ltd v Panten Ltd (CACV 43/2017) (whether a third party claim in respect of common part of a building affects title to the sale of a unit within the building) (led by Audrey Eu SC)

Re Pacific Wire & Cable Co Ltd (HCCL 16-18/2009, on appeal CACV 90, 91, 93-96/2012, and before the CFA in FACV 5-8/2014) (claim for a previously listed Taiwan company in an asset recovery action against its senior officers and third parties) (led by Anthony Neoh SC, Godfrey Lam SC, and Eugene Fung SC)

Tang Chung Wah Alan & Anor v Jonathan Russell Leong & Ors (HCA 1691/2011, on appeal CACV 38/2016) (partnership dispute between majority and minority partners in an accountancy firm)

Glory Link Investments Ltd v Young Pui York (HCA 1240/2009) (deceit claim relating to investments made in two bauxite mines in the Philippines) (led by Anderson Chow SC)

Eastern Athletic Association Football Team Ltd v Alessandro Ferreira Leonardo [2015] 5 HKLRD 905 (interlocutory injunction restraining a professional footballer from joining a rival club)

Lin Man Yuan v Kin Ming Holdings International Ltd & Anor (HCA 216/2008) (claim by a purchaser for specific performance of a contract involving the sale and development of the Strait City in Xiamen, China) (led by Anthony Neoh SC)

Toyota Tsusho (HK) Corp Ltd v Chimei Innolux Corp & Anor (HCA 1173/2011) (fraudulent misrepresentation claim on sale of goods and L/C)

High Fashion New Media Corporation Ltd v Leong Ma Li (HCMP 1707/2016) (civil contempt for breaching court order restraining use of funds without consent and failing to use best endeavours to locate bank documents)

Zimmer Sweden AB v KPN Hong Kong Ltd & Anor [2016] 1 HKLRD 1016 (scope of the “fraud exception” under RHC Order 14)

Chan Luen Yan & Ors v Chan Tin Chai & Ors (CACV 161/2013) (proper valuation of shares arising from winding-up proceedings)

Pacific Dunlop Garments Ltd v Fundamental Global Ltd & Ors (CACV 184/2013) (proper interpretation of “unacceptable risks” to the contracting parties in a contract for the sale of a landed property)

Asia Property Agency Co Ltd v Cheung Wun Yee Jamie (HCA 298/2013) (claim against an estate agency by the purchaser alleging fraud and breach of fiduciary duties)

Cheung Wei Man Vivien & Anor v Centaline Property Agency Ltd & Ors (HCA 286/2000) (claim by a purchaser against estate agents for misrepresentation) (led by Horace Wong SC)

Tax

Commissioner of Inland Revenue v Datatronic Ltd [2009] 4 HKLRD 675 (profits tax implication arising from contract processing arrangement entered with a Mainland subsidiary) (led by Chua Guan-hock SC)

Commissioner of Inland Revenue v Kwong Mile Services Ltd [2003] 3 HKLRD 874 (whether profits acquired through underwriting contracts with Mainland developer are subject to profits tax) (led by Chua Guan-hock SC)

Publications

Halsbury’s Laws of Hong Kong, Volume 46: Taxation and Revenue (2016 edition) (co-editor with Chua Guan-hock SC)

Practical Guidance on Taxation (LexisNexis Hong Kong online edition) (co-editor with Chua Guan-hock SC)

Hong Kong Construction Law (loose-leaf) (contributing editor)