Martin Ho 何卓衡大律師

T: (+852) 2523 2003
E: martinho@templechambers.com
Secretary: Ms Marian Lau
E: marian@templechambers.com

Professional qualifications

Call: 2014

Education

Bachelor of Laws (University of Hong Kong) (First Class Honours)
Postgraduate Certificate in Laws (University of Hong Kong) (Distinction)
Bachelor of Civil Law (University of Oxford) (Distinction)

Scholarships and prizes

Bar Scholarship (2013)
Charles Ching Memorial Scholarship (2013)
Simon Lee Medal in Law - Top Finalist in the LLB programme (2011)
Dean’s Honours List (2009, 2011)
Sweet and Maxwell Edlyn Yap Prize for Litigation – Highest Average Mark in Litigation-related Courses in PCLL
Hong Kong Bar Association Cup and Deacons Cup – Winner and Overall Best Mooter in HKU Law Faculty Moot

Practice profile

Martin graduated with a First Class Honours law degree at the University of Hong Kong and a Bachelor of Civil Law degree with Distinction at the University of Oxford. He was also awarded Distinction in the Postgraduate Certificate in Laws programme at the University of Hong Kong and came first in the litigation stream, winning a number of advocacy prizes. He was awarded the Bar Scholarship 2013 and Charles Ching Memorial Scholarship 2013.

Martin is developing a broad civil practice in areas such as commercial, company, insolvency, building management, conveyancing and general civil litigation.

Martin regularly appears on his own or as a led junior in a wide variety of civil matters, both at first instance and on appeal. He has experience in and is able to conduct civil trials alone in the Chinese language.

Selected cases

Commerical, company and insolvency

China Finance & Assets Management Limited v Lafe Properties (Hong Kong) Limited, HCA 526/2010 – admissibility of evidence in correcting a misnomer of parties in a contractual document and the construction of s.27 of the Money Lenders Ordinance

Re Dejin Resources Group Co Ltd, HCCW 214/2016 – winding up of an unregistered company listed in Hong Kong

Gossip Daily Ltd v Next Media Magazines Ltd [2018] HKCFI 1951, acted for the Next Digital Group in a dispute relating to the sale of the Next Magazine business

Re Hong Kong Investments Group Ltd [2018] HKCFI 984, insolvency winding up and bankruptcy proceedings relating to a HK$160 million debt allegedly related to securities margin financing

Re Jessop & Baird (Hong Kong) Ltd [2017] 1 HKLRD 78 – principles on validation orders (and various unreported applications concerning appointment of interim receivers and discharge of interlocutory mandatory injunctions)

Kazuo Okada v The Registrar of Companies [2018] HKCFI 2778, commercial judicial review on the right of the Registrar of Companies to withhold registration of a Form ND2A and general review of the operation of the statutory scheme under Division 4 of Part 2 of the Companies Ordinance (Cap 622)

Komal Patel & Ors v Chris Au & Ors [2015] 6 HKC 389, [2016] 1 HKLRD 328 (and various other unreported decisions – HCA 183/2014) – case of civil fraud and breach of fiduciary duties. Appeared for the defendants in applications relating to specific discovery, mandatory injunction, variation of asset freezing injunction, recusal of judge application etc

Re KB (Asia) Ltd, HCMP 307/2013 – sanctioning of scheme of arrangement

Re Okada Holdings Ltd, HCMP 1324/2017 – mandatory injunctions restraining the exercise of shareholder rights and stay of action in favour of parallel proceedings in the Tokyo courts, in the context of a shareholders’ dispute relating to a listed entertainment company in Tokyo

Re Soka Gakkai International of Hong Kong Ltd [2017] 4 HKLRD 192 – decision concerned the legal principles relating to the inspection of register of members under s.631 of the Companies Ordinance

TYG Capital Fund (in liquidation) v Hilda Chan Hor Yee & Ors, HCA 1585/2014 – interlocutory injunction obtained in aid of foreign insolvency proceedings; scope of permissible ancillary relief to an interlocutory injunction and the applicability of s.21M of the High Court Ordinance

Wing Bo Building Construction Co Ltd v Discreet Ltd [2016] 2 HKLRD 779, (2016) 166 Construction Law Reports 162 – stay of proceedings for arbitration; constitutionality of s.20(8) of the Arbitration Ordinance (Cap 609) under Article 82 of the Basic Law

Land, probate and trusts

Best View Medical Co Ltd v Richermen International Investments Ltd [2017] 4 HKC 400 (and on appeal [2018] HKCA 288); tenancy dispute

Herman Budihardjo v Hadi Gunawan [2018] HKCFI 1450, acted for the successful defendant in a 23-day trial in the context of a family trust dispute

Jong Yat Kit v Lee Man For [2018] 5 HKC 216, acted for the professional administrator in the administration of an estate in excess of HK$800 million

Yu Fung Co Ltd v Olympic City Properties Ltd[2017] 2 HKLRD 406 (and on appeal in [2018] HKCA 323), acted for the interested party in staying the writ of possession. Judgment concerned the question of whether it is an abuse of process for an occupant, who was not a party to and did not participate in prior possession proceedings, is entitled to subsequently bring a fresh action to claim adverse possession

Zhao Shaoyuan v Chan Mee Lin [2018] HKCFI 1658, a case involving the fight between the wife and concubine of the right to possession of the deceased’s corpse

General civil

Beauty Forever v Cheung Lai Ngor & Ors, HCA 199/2015 (12 March 2015), acted for employee defendants of a beauty parlour in a case involving claims of restraint of trade and breach of confidentiality; successfully resisted an interlocutory injunction for restraint of trade

Chan Lap Kit v Yushun Technology Ltd [2018] 1 HKLRD 192, appeal involving an issue of the application of the tracing rules to sub-currency accounts in an integrated bank account and the right of the Court of Appeal to revisit leave to appeal granted by the lower courts

D v S [2017] 2 HKLRD 940 – sexual harassment in the employment context; claim under the Sex Discrimination Ordinance; application of the costs provision under s.73B of the District Court Ordinance

Wu Han Rong v Hilda Chan Hor Yee, CACV 135/2015 (18 December 2015), appeal involved a point of law on the distinction between an “investment” and a “loan” for the purpose of determining the applicability of the Money Lenders Ordinance

Yu Hing Tong v Fung Hing Chiu Cyril [2016] 5 HKLRD 567, decision concerned whether an agent had the locus standi to commence an action in the name of the principal pursuant to a power of attorney

Committal applications / contempt of court / imprisonment orders

Secretary for Justice v Chau Wan Ying & Ors [2016] 2 HKLRD 434, acted as Junior Counsel for the Secretary for Justice in the Occupy Central movement criminal contempt cases

Secretary for Justice v Cheung Kai Yin & Ors [2016] 4 HKLRD 367; Secretary for Justice v Cheung Kai Yin (No 2) [2016] 5 HKLRD 370, acted as Junior Counsel for the Secretary for Justice in the interlocutory appeals of the Occupy Central movement criminal contempt cases; decision concerned the juridical nature of criminal contempt proceedings and the procedural regime applicable to the hearing of criminal contempt appeals

China Metal Recycling (Holdings) Ltd v Chun Hei Man, HCMP 3396/2015, acted for the liquidator plaintiffs in a contempt trial in relation to allegations of breach of undertakings and breach of Mareva injunction

Glory Link Investments Ltd v Young Pui York [2016] 4 HKC 157, acted for the judgment creditor in seeking an imprisonment order against the judgment debtor; decision concerned the principles relating to a judgment debtor’s liability for imprisonment for failure to satisfy a judgment sum.

La Dolce Vita Fine Dining Co Ltd v Zhang Lan [2018] HKCFI 548, acted for the plaintiffs in a contempt trial in the context of contractual disputes relating to the South Beauty chain of restaurants in Mainland China

TYM v WSP, FCMP 309/2014, successfully resisted an application for a Hadkinson order on the ground of failure to comply with an interim payment order; decision concerned the constitutionality of Hadkinson orders and whether the English approach of absolute liability for defaulting judgment debtors should be applied in Hong Kong

YBL v LWC (No 2) [2017] 2 HKLRD 783, acted for the husband appellant in the Court of Appeal in the context of a judgment summons application. Judgment concerned the power of the Court to dispose of bail money upon successful appeal against a committal order, and whether such power overrides any prior Quistclose trust enjoyed by the successful appellant, and the proper approach to depriving a successful appellant of his costs of the appeal

Others

Re Lord David Philip Pannick QC, HCMP 1230/2015 – acted for the Hong Kong Bar Association in resisting the ad hoc admission of overseas Queen’s Counsel

Past positions

Editor-in-Chief of the Hong Kong Journal of Legal Studies
Associate Editor of the Oxford University Commonwealth Law Journal

Publications / lectures and talks delivered

Contributing Editor of the Hong Kong Civil Procedure (since 2016)

Contributing Editor, Halsbury’s Laws of Hong Kong, Vol 46, Taxation and Revenue (2nd edn, 2016)

The Future of the Law on Advance Directives Refusing Life-Sustaining Treatment in Hong Kong (2012) 42 Hong Kong Law Journal 305

CPD Seminar: Commercial Pre-Emptive Remedies - Selected Topics, Current Issues & Practical Tips (5 September 2014) (organised by Legal Professional Courses Ltd)

CPD Seminar: Demystifying the Law of Unjust Enrichment (5 December 2014) (organised by Wilkinson & Grist)