Justin Ho 何宇浩大律師

T: (+852) 2523 2003
E: justinho@templechambers.com
Secretary: Marian Lau T: (+852) 2248 1873

Professional qualifications

Call: 2013 (Hong Kong)

CEDR Accredited Mediator: 2013
Member of the Chartered Institute of Arbitrators

Education

2012 PCLL, Chinese University of Hong Kong (Distinction)
2011 LLM, Harvard Law School
2010 BCL, University of Oxford (Distinction)
2009 JD, Chinese University of Hong Kong (Top Graduate, 1st in Class)
Ranked first overall in class during each year of study
Ranked first in class in Company Law & Equity and Trusts
2007 BA (Political Science & International Relations), Tufts University (Cum Laude Honours)

Scholarships and prizes

2012 Bar Scholarship
2012 Charles Ching Memorial Scholarship
2012 Temple Chambers Pupillage Award
2012 White & Case Jessup International Law Moot Cup Hong Kong Champion
2012 Hong Kong Bar Association Prize for Opinion Writing & Conferencing Skills
2012 Law Society of Hong Kong & Bloomsbury Book Prize for Academic Merit
2011 HKSAR Government Scholarship
2011 Harvard Law School Foundations of Private Law Fellowship
2010 Des Voeux Chambers Junior Scholarship
2010 Brasenose College Prize for the BCL Programme
2009 Outstanding Graduate of the Faculty of Law, 67th Congregation of the Chinese University of Hong Kong
2009 Juris Doctor Gold Scholarship for Academic Excellence
2009 Principles of Company Law Subject Prize for Best Academic Result
2009 Principles of Equity and Trusts Subject Prize for Best Academic Result
2008 Juris Doctor Gold Scholarship for Academic Excellence
2008 Young Academics Scholarship, Conference on Judicial Review held jointly by the University of Cambridge and the Chinese University of Hong Kong
2007 Tufts University Pi Sigma Alpha National Political Science Honour Society Scholar
2007 Tufts University Sigma Iota Rho National International Relations Honour Society Scholar

Practice profile

Justin Ho commenced full practice in 2013 after completing his pupillage with Mr Ashley Burns SC, Mr Bernard Man (now Bernard Man SC), Mr Jose-Antonio Maurellet (now Jose-Antonio Maurellet SC), Mr Abraham Chan (now Abraham Chan SC) and Mr Derek Chan (now Derek Chan SC). He maintains a broad practice across the full spectrum of civil and commercial disputes (including arbitration-related and professional negligence disputes) with an emphasis on company and insolvency, trusts and probate as well as property litigation. He has a particular interest in multi-jurisdictional disputes and matters with a cross-border element, and has advised on and appeared in a number of such cases. He has also had exposure to public law, including judicial review and constitutional matters.

Justin completed his Juris Doctor degree at the Chinese University of Hong Kong, ranking first overall in his class and receiving prizes for best performance in Company Law as well as Equity and Trusts. He subsequently obtained his Bachelor of Civil Law degree with Distinction at the University of Oxford, as well as a further Master of Laws degree at Harvard Law School.

Justin regularly appears as an advocate (either in his own right or as a led junior) in the District Court, Court of First Instance, the Court of Appeal and the Court of Final Appeal. He is also a CEDR accredited mediator and a member of the Chartered Institute of Arbitrators.

Selected cases

Commercial

Aspial Investment Ltd v Mayer Corporation (2014) 17 HKCFAR 401 (CFA): CFA appeal on grounds of forgery and want of authority in share dispute involving listed company. Led by Benjamin Yu SC and with Bernard Man (now Bernard Man SC).

Wang Ruiyun v Gem Global Yield Fund Ltd (2013) 16 HKCFAR 785 (CFA): Application before Appeal Committee to vary order for grant of final leave to appeal to CFA under s.25 of the Court of Final Appeal Ordinance (Cap. 484). Led by Jose-Antonio Maurellet (now Jose-Antonio Maurellet SC).

China Gas Holdings v Li Xiaoyun (2016) 19 HKCFAR 522 (CFA): Application before Appeal Committee for leave to appeal concerning interpretation of PRC foreign exchange control legislation. Led by Wong Yan Lung SC and Victor Dawes SC.

Johnson Electric Int’l Ltd v Bel Global Resources Holdings Ltd [2014] 5 HKC 504 (CA): Appeal against summary judgment. Consideration of correct test for admission of fresh evidence under rule in Ladd v Marshall in cases involving fraud allegations. Led by Ashley Burns SC.

Komal Patel v Chris Au [2016] 1 HKLRD 328. Resisting application for recusal of trial judge on grounds of apparent bias. Led by Victor Dawes SC.

Crown Master Int’l Trading Co Ltd v China Solar Energy Holdings Ltd [2015] 4 HKC 505: Application for injunction restraining exercise of voting rights in extraordinary general meeting. Led by Ronny Tong SC and with Eva Sit.

Melco Crown Gaming v Wong Yam Tak [2014] 3 HKLRD 267 (CFI): Application to set aside default judgment on grounds of irregular substituted service of writ. Led by Jose-Antonio Maurellet (now Jose-Antonio Maurellet SC).

Orient Power Holdings Ltd & Ors v Ernst & Young HCCL 14/2014: Professional negligence claim against auditors for breach of duties arising from failure to identify material misstatements in the accounts of a group of companies engaged in the design and manufacture of consumer audio and video technologies, leading to trading losses of nearly HK$1 billion.

Company and insolvency

Re Yung Kee Holdings Ltd [2014] 2 HKLRD 313 (CA); (2015) 18 HKCFAR 501 (CFA): Successful CFA appeal concerning jurisdiction to grant relief under s.168A and s.327(3)(c) of the Companies Ordinance on just and equitable ground. Consideration of 1st Core Requirement. Led by Jat Sew-Tong SC and Linda Chan SC.

Re China Medical Technologies Inc [2014] 2 HKLRD 997 (CFI), CACV 197/2014 (CA): Jurisdiction to wind-up unregistered company on insolvency grounds. Consideration of 3rd Core Requirement. Led by William Wong SC and Jose-Antonio Maurellet (now Jose-Antonio Maurellet SC) (before Companies Court); Led by John Bleach SC (successfully resisting the application to strike out the Notice of Appeal before the Court of Appeal); Led by Anson Wong SC (on the substantive appeal before the Court of Appeal).

Re Bank of East Asia Ltd [2015] 4 HKC 137 (CFI): Application for disclosure of documents under s.740 of the Companies Ordinance in relation to placement of shares by bank to another financial institution. Led by Charles Sussex SC and Jose-Antonio Maurellet (now Jose-Antonio Maurellet SC).

Re Shun Kai Finance Co Ltd [2015] 2 HKLRD 264 (CA): Striking out of misfeasance claim under s.276 of the Companies Ordinance and common law derivative action against liquidator of licensed money lender. Consideration of correct test in striking out s.276 claims. Led by Charles Manzoni SC.

Shih-Hua Investment Co Ltd v Zhang Aidong [2017] 3 HKC 393 (CFI): Application for a regulating order to reconstitute the board of a company on an interim basis. Concerned inter alia Court’s jurisdiction to reconstitute the board at interlocutory stage. Led by Victor Joffe QC.

Re Asia Television Ltd HCMP 2840/2012 (CFI): Application for interim relief pending hearing of unfair prejudice petition under s.168A of Companies Ordinance against leading television station. Led by Victor Joffe QC and Abraham Chan (now Abraham Chan SC).

Re China Metal Recycling (Holdings) Ltd HCCW 210/2013 (CFI): Acted for provisional liquidators in various interlocutory hearings relating to public interest petition to wind-up listed company on grounds of substantial fraud. Led by Linda Chan SC.

Re China Fishery Group Ltd HCCW 367/2015 (CFI): Successfully discharged the appointment of provisional liquidators over companies in respect of debt arising out of US$650 million syndicated loan. Led by Ronny Tong SC.

Appeared on behalf of petitioner, company and supporting creditor in numerous short hearings in the Companies Court in respect of petitions to wind-up companies (including unregistered foreign companies and publicly listed companies) and petitions for relief for unfair prejudice (e.g. Re Shiamas Int’l Ltd HCCW 80/2014; Re Golden Star Expo (HK) Ltd HCCW 256/2013; Re Z-Obee Holdings & Anor HCCW 84 & 85/2014; Re Golden Shield Holdings (Industrial) Ltd HCCW 289/2014; Re China Agrotech Holdings Ltd HCCW 325/2014).

Arbitration

Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd [2016] 2 HKLRD 1106 (CA): Action to enforce CIETAC arbitral award in commercial property dispute. Issues involving jurisdiction of Hong Kong courts to enforce arbitral awards, conflict of laws, constructive trusts and economic torts. Led by David Joseph QC, Edward Chan SC and Anson Wong SC and with Lee Tung Ming, Bernard Man (now Bernard Man SC) and Keith Lam.

Astro Nusantara Int’l BV v PT Ayunda Prima Mitra [2016] 1 HKLRD 591 (CFI), CACV 272/2015 (CA), FACV 14/0217 (CFA): Application to extend time to set aside HK$1 billion arbitral award in circumstances where court of place of arbitration declined to enforce award. Currently on appeal to the Court of Final Appeal. Led by David Joseph QC and with Bernard Man (now Bernard Man SC).

Advising on questions of jurisdiction and proper construction of various provisions of Arbitration Ordinance (Cap. 609). Led by London silk.

Administrative and constitutional

China International Fund Ltd v Dennis Lau & Ng Chun Man Architects & Engineers (HK) Ltd [2015] 4 HKLRD 609 (CA): Constitutionality of s.81(4) and 84(3) of Arbitration Ordinance which exclude role of CA to hear challenges to arbitral awards unless CFI judge first grants leave. Led by Lord Pannick QC and Johnny Mok SC.

Cheung Tak Wing v Communications Authority & Director of Information Services [2015] 5 HKC 70 (CFI): Judicial review challenge to decisions to broadcast announcements relating to Government’s reform proposals on selection of Chief Executive. Led by Johnny Mok SC and with Eva Sit.

Re Charles Zhi HCB 5227/2006. Challenge to constitutionality of s.29 of the Bankruptcy Ordinance on grounds of infringement of the right to freedom of travel. Led by Abraham Chan (now Abraham Chan SC).

Banking and Finance

Charmway Hong Kong Investment Ltd v Fortunesea (Cayman) Ltd HCMP 3234/2013 (CFI): Acted for majority lenders in dispute arising out of US$588 million syndicated loan facility. Consideration of locus of minority lenders to take unilateral action to enforce syndicated loan. Led by Paul Shieh SC and Jose-Antonio Maurellet (now Jose-Antonio Maurellet SC).

Pa Sam Nang v The Hongkong and Shanghai Banking Corporation Ltd HCA 1020/2015 (CFI): Summary judgment application in respect of claim against bank concerning construction of banking documents. Led by Warren Chan SC and Bernard Man SC.

Barclays Bank plc v Ketan Kantilal Shah HCA 2259/2013 (CFI): Acted for bank in asset recovery claim arising out of alleged fraud of bank employee. With Bernard Man (now Bernard Man SC).

Bankruptcy

Re Patrick Chau (a bankrupt) HCB 549/2012 (CFI): Application under s.49 of the Bankruptcy Ordinance to set aside transactions purporting to transfer various valuable properties on grounds that they were a sham and/or made at an undervalue. Led by Linda Chan SC.

Re Leung Yat Tung (a bankrupt) HCB 2019/2000 (CFI): Application under s.49 of the Bankruptcy Ordinance to set aside various transactions purporting to transfer shares in a company holding a valuable real property on grounds that they were made at an undervalue. Led by Jose-Antonio Maurellet (now Jose-Antonio Maurellet SC).

Re Lee Siu Fung Siegfried [2017] 1 HKLRD 115 (CFI): Application under s.29 of the Bankruptcy Ordinance for private examination, in circumstances where there had been a substantial lapse of time since bankruptcy and discharge.

Re Kenny Cheng (a bankrupt) HCB 4763/2010 (CFI): Application under s.83 of the Bankruptcy Ordinance to reverse decision of Trustees to seise chattels belonging to third party.

Publications and articles

Books and Book Chapters

Contributing Author, The New Companies Ordinance (Cap. 622): Commentary and Annotations (Sweet & Maxwell) (2014-Present)
Contributing Author, ‘Liquidation Costs’ in Company Law in Hong Kong: Insolvency (Sweet & Maxwell) (2013-Present)
Contributing Author, ‘Debentures and Loan Capital’ in Company Law in Hong Kong: Practice and Procedure (Sweet & Maxwell (2013-Present)
Contributing Author, The Hong Kong Employment Ordinances: Commentary and Annotations (Sweet & Maxwell, 2013)
Contributing Author, ‘Employment’ in Halsbury’s Laws of Hong Kong (2nd edn, LexisNexis 2012) (with Prof Michael Ramsden)
Contributing Author, Minimum Wage Ordinance: A Commentary (LexisNexis, 2012)
Contributing Author, ‘Statutory Derivative Action,’ in Shareholders’ Rights: Law & Practice (LexisNexis, 2010) (with Prof Rita Cheung)

Conference Papers

Panellist, ‘An Evaluation of Minority Shareholder Rights in Light of the PCCW Case’, Student Forum, Centre for Financial Regulation and Economic Development, The Chinese University of Hong Kong (2012)
Panellist, ‘Clarifying the Public/Private Divide: The Ineffectiveness of the Order 53 Reform in Simplifying the Scope of Judicial Review in Hong Kong’, Open Forum Paper, Conference on Effective Judicial Review: A Cornerstone of Good Governance, The Chinese University of Hong Kong & the University of Cambridge (2008)

Journals

Former Editor, Harvard Business Law Review (2010-11)
Former Associate Editor, Oxford University Commonwealth Law Journal (2009-10)

Languages

English, Cantonese, Mandarin

Other

Member, Standing Committee on Young Barristers (2015 – Present)