Mike S K Lui 呂世杰大律師

T: (+852) 2523 2003 (general)
E: lsk@templechambers.com
Secretary: Winnie Ho T: (+852) 2248 1885
E: who@templechambers.com

Professional qualifications

Call: 2006 (HK)

Education

2005: Master of Law, University of Cambridge
2003: Bachelor of Laws (First Class), University of Hong Kong

Scholarships and prizes (selected)

Bar Scholarship (2005)
Cambridge Chevening Scholarship (2004)

Practice profile

Mike Lui practices broadly in company, banking, insolvency, bankruptcy, land, trust, probate, discrimination, employment, family, defamation and tax law. He also acts in public law cases and judicial review on human rights, election, urban renewal, town planning, crime, land use and a range of subjects with a constitutional dimension.

Selected cases

Public Inquiry

Inquiry into the Collision of Vessels near Lamma Island on 1 October 2012
(Junior Counsel for the Commission of Inquiry)

Public Law/Judicial Review

Appeared for the Government in statutory appeal involving questions of human rights and legality on delineation of main watercourses under the Land Drainage Ordinance.

Appeared for the Government in administrative appeals involving questions of human rights and constitutionality of provisions in the Fisheries Protection Ordinance.

Tung Chun Company Limited v Town Planning Board [2018] HKCFI 1447
(legality of height restriction imposed on outline zoning plan) (led by Ambrose Ho SC)

Chung Chiu v Secretary for Justice [2018] HKCFI 1421
(constitutionality of provisions on duration of residence and HKPR requirements for electors in rural representative elections)

Wong Ho Tong v Director of Lands [2018] HKCA 330
(amenability of decisions applying squatter control policy to judicial review)

Director of Agriculture, Fisheries and Conservation v Administrative Appeals Board & Ors [2017] 2 HKLRD 349 (CFI); 尹照華 v Director of Agriculture, Fisheries and Conservation [2017] 5 HKLRD 141 (CA)
(eligibility of all local vessels to be registered for legal fishing under the Fisheries Protection Ordinance)

Law Chi Yuen v Secretary for Education [2016] 5 HKLRD 302 (CFI)
(disability discrimination; entitlement of intellectually disabled students to services of Native-Speaking English Teachers) (led by Lisa Wong SC)

Wong Chi Fung v Secretary for Justice [2016] 3 HKLRD 835 (CFI)
(constitutionality of provisions on minimum age of candidature for LegCo elections) (led by Benjamin Yu SC)

Keen Lloyd Holdings Ltd & Ors v Commissioner of Customs and Excise & Anor [2016] 2 HKLRD 1372 (CA)
(constitutionality of warrantless search; cross-border investigation of smuggling) (led by Wong Yan Lung SC)

Chau Tsun Kiu v Secretary for Justice [2014] 5 HKLRD 414 (CFI)
(legal entitlement of candidates to free postage in LegCo elections)

Wong Hin Wai v Secretary for Justice [2012] 4 HKLRD 70 (CFI)
(legality of restrictions on right of persons with un-served sentence to stand for LegCo elections) (led by Michael Thomas QC SC)

Technic Investment Company Ltd & Anor v Appeal Tribunal (Buildings) & Anor [2012] 3 HKLRD 245 (CFI)
(legality of actions under enforcement policy against unauthorised building works)

Chan Yu Nam & Anor v Secretary for Justice [2010] 1 HKC 493 (CFI); [2012] 3 HKC 38 (CA); CACV 2&3/2010, 21.10.11; FAMV 39/2011, 18.1.12
(constitutionality of corporate voting in LegCo elections) (led by Michael Thomas QC SC)

Tsui Kin Kwok Johnnie v Commissioner of Police, HCAL 50/2009, 26.2.10; CACV 38/2010, 28.3.11 & 20.7.11
(legality of disciplinary proceedings; change of law) (led by Nicholas Cooney SC and Godfrey Lam SC)

Employment and Discrimination

Chok Kin Ming v Equal Opportunities Commission [2017] 2 HKLRD 521 (CFI)
(employment contract interpretation; gratuity payment; irrationality; error of law)

Ho Kin Man v Commissioner of Police, HCMP 381/2010, 13.7.12; [2014] 3 HKLRD 478 (CA); FAMV 58-61/2014, 25.8.15
(change of law; reopening of disciplinary proceedings; abuse of process) (led by Paul Shieh SC)

M v Secretary for Justice [2009] 2 HKLRD 298 (CA)
(disability discrimination; issues of less favourable treatment, knowledge, causation and reasonable accommodation) (led by Lisa Wong SC)

Breach of Confidence

The University of Hong Kong v Hong Kong Commercial Broadcasting Co Ltd & Ors, HCMP 2801/2015
(unauthorised publication of confidential discussion at a meeting of the Council of the University of Hong Kong; freedom of press and expression)

Advising on disputes involving trade secrets of public institutions and companies.

Commercial

SFC v Yeung Chung Lung & Ors, HCMP 205/2013, 17.2.17
(disqualification of listed company directors; order for compensation) (led by Jat Sew-Tong SC)

Tin Lik v Deutsche Bank AG & Ors, HCCL 17/2011, 15.2.16; CACV 145/2016, 23.6.17, 20.10.2017
(REIT listing; sophisticated commercial fraud) (led by Wong Yan Lung SC)

SFC v Kenneth Cheung Chi Shing & Ors [2012] 2 HKLRD 325 (CFI)
(disqualification of listed company directors; order for compensation) (led by Jat Sew-Tong SC)

SFC v Fan Di & Ors, HCMP 1761/2009, 24.5.11; [2018] HKCFI 346
(disqualification of listed company directors; Carecraft procedure) (led by Jat Sew-Tong SC)

Kwok Ping Sheung Walter v Sun Hung Kai Properties Ltd & Ors, HCA 857/2008, 23.5.08; [2009] 2 HKLRD 11 (CA)
(injunction; board disputes) (led by Ronny KW Tong SC and Yvonne Cheng SC)

Re MyWay Ltd [2008] 3 HKLRD 614 (CFI)
(statutory derivative action)

Tse Chiu Kwan & Anor v Artini International Company Ltd, HCMP 2065/2007, 16.11.07 and related actions
(orders regularising breaches of statutory provisions) (led by Godfrey Lam SC)

Banking

Tele-Art Inc v Bank of China (Hong Kong) Ltd [2012] 1 HKLRD 484 (CFI); [2012] 5 HKLRD 399 (CA)
(liquidation; mortgagee account) (led by Jat Sew-Tong SC)

Bank of China (Hong Kong) Ltd v Twin Profit Ltd & Ors [2010] 2 HKLRD 1065 (CFI); CACV 94/2010, 10.2.11 & [2011] 3 HKC 59; FAMV 4/2012, 24.5.12
(mortgage action; interpretation of the Merger Ordinance) (led by Jat Sew-Tong SC)

Bank of China (Hong Kong) Ltd v Nam Tai Electronics Inc. and Tele-Art Inc. (in liquidation) [2009] 2 HKLRD 33 (CFI)
(liquidation; mortgagee account; unlawful assignment) (led by Jat Sew-Tong SC)

Insolvency and Bankruptcy

Re Chau Cham Wong Patrick, a Bankrupt [2016] 2 HKLRD 278 (CFI)

Re Yueshou Environmental Holdings Ltd, HCCW 142/2013, 16.7.14
(petition for winding up of a listed company) (led by Mark Strachan QC SC)

Joint and Several Trustees of the property of Karson Oten Fan, Karno (in bankruptcy) v Kong Suk Chun & Ors, HCMP 1101/2011, 29.11.11
(injunction against third parties; ancillary disclosure orders)

Tax

KWP Quarry Company Limited v Inland Revenue Board of Review & Anor, HCAL 102/2016, (2017-2018) 32 IRBRD 227
(profits tax; deductibility of expenses; threshold of arguability for leave purposes) (led by Stewart Wong SC)

CIR v Perfekta Enterprises Ltd (2016-17) 31 IRBRD 101 (BoR); (2016-17) 31 IRBRD 595 (CFI); [2018] HKCA 301; [2018] HKCA 373
(profits tax; change of intention from investment to development) (led by Paul Shieh SC)

D25/15 (2016-17) 31 IRBRD 270
(profits tax; interposition of entities; source of profits and deductibility of expenses) (led by Stewart Wong SC)

D23/15 (2016-17) 31 IRBRD 199
(profits tax; excluded fixed assets subject to leases; deductibility of expenses)

D14/15 (2016-17) 31 IRBRD 44
(profits tax; source of profits)

D15/14 (2015-16) 30 IRBRD 1
(profits tax; source of profits; specified capital expenditure; depreciation allowances)

CIR v Good Mark Industrial Ltd, DCTC 1003/2013, 29.11.13
(tax recovery actions; striking out; applicability of Cap.112AY and Cap.112BR)

D39/12 (2012-13) 27 IRBRD 824
(profits tax; disposal of listed shares; sale of capital assets or trade)

Canray International Ltd & Ors v Commissioner of Inland Revenue [2012] 4 HKLRD 792 (CFI)
(delay in issuing determination; constitutionality of profits tax assessments) (led by Stewart Wong SC)

Kam Kiu (Hong Kong) Ltd v CIR, HCAL 61/2009, 31.8.09
(legality of the Commissioner’s decisions on purchase of tax reserve certificates)

Land and Building Management

Smart Essence Development Ltd v Hong Kong Housing Authority, HCA 450/2016, 28.4.16
(construction of provisions of DMC widely applicable to public estates sold by LINK) (led by Horace Wong SC)

Sun Crown Trading Ltd & Gateway International Development Ltd v Holyrood Ltd, CACV 64/2012, 11.10.13 & 25.4.14; FAMV 27/2014, 15.10.14
(nuisance; prestigious residential development) (led by Benjamin Yu SC)

Lo Chiu Foon v Law Sui Ming, HCA 1010/2013, 24.10.13
(conveyancing; proof of giving good title; summary judgment)

Kai Hing Metal Products Factory Co Ltd v Incorporated Owners of Sunderland Estate & Anor, LDBM 339/2010, 18.10.11
(injunction against the Incorporated Owners and the Manager)

The Incorporated Owners of Kwai Chung Plaza v Giant Earnings Ltd & Anor, LDBM 126/2008, 3.4.09
(declaration of irrevocable licence against the Incorporated Owners; licence coupled with an interest)

Matrimonial

LZX v WYL, executor of the estate of WC, deceased [2012] 5 HKLRD 29 (Fam)
(financial provision; Inheritance (Provision for Family and Dependents) Ordinance)