Byron joined Chambers after completing his pupillage with Mr Bernard Man SC, Mr Derek Chan SC, Mr Laurence Li SC and Mr Keith Lam. He has a broad civil practice and accepts instructions in all areas of Chambers’ work. He is recognised as a “rising star” in the Commercial Disputes section in Legal 500 (2021) and cited as an “excellent counsel who gives clear and concise advice, and is familiar with a range of aspects of financial regulatory matters”.
Since commencing practice, Byron has appeared as an advocate (either in his own right or as a led junior) in the Court of Appeal, the Court of First Instance, the Competition Tribunal, the Securities and Futures Appeals Tribunal, the Market Misconduct Tribunal and the District Court. He has also conducted civil trials (either in his own right or as a led junior) in English and Chinese.
Byron completed his Juris Doctor degree at the University of Hong Kong as the top graduate. He subsequently obtained his Bachelor of Civil Law degree at the University of Oxford. Byron won two international mooting competitions with the University of Hong Kong team, namely the Herbert Smith Freehills Competition Law Moot in 2016, in which his team also won the award for Best Written Memoranda, and the Oxford International Intellectual Property Moot in 2014, in which he was also awarded the Sir Nicholas Pumfrey Award for Best Individual Mooter.
Securities & Regulation Tam Sze Leung v SJ and SFC (HCAL 177/2022) – acting for the SFC in judicial review challenging the regime under ss. 204 and 205 of the SFO (Cap 571) to issue restriction notices on the basis of s.207(e) (led by Benjamin Yu SC and Norman Nip SC)UBS AG and UBS Securities Hong Kong Ltd v SFC (SFAT 2/2018) – acted for UBS; application for review of SFC’s disciplinary decision relating to UBS’s role as a joint sponsor in an IPO; instructed to appear in the 19-day substantive hearing (settled) (led by Benjamin Yu SC and with Laurence Li [now Laurence Li SC])KPMG & Ors v Registrar of the HKICPA (2021) – acted for KPMG and its two partners in proceedings before the Disciplinary Committee of the HKICPA in 4-day substantive hearing; audit of financial information and statements of China Forestry Holdings Co Ltd during the IPO engagement and post-IPO financial years (led by Paul Shieh SC) Banking / Finance Taiping Trustees Limited v BOSC International Co Ltd & Bank of Shanghai Co Ltd (HCA 927/2021) – defending the Bank of Shanghai Group in respect of a US$200 million investment in a co-management fund (led by Richard Khaw SC)BlueSun Capital Ltd v Tewoo Group Finance No 3 Ltd & Ors (HCA 1428/2020) – acting for investor in a derivative action in respect of its US$14,500,000 subscription of bonds against the issuer, guarantor and trustee (as registered holder of the bonds);  HKCFI 2040 – resisting application for setting aside of default judgment (led by Paul Shieh SC)Shine Grace Investment Ltd & Ors v Citibank NA & Anor  HKCFI 1737 – appeared for investor and guarantors in 13-day trial; HK$ 478 million claim for mis-selling of equity accumulators (led by Paul Shieh SC and with Jin Pao [now Jin Pao SC]); (CACV 483-485/2018) – appeal against Judgment (led by Benjamin Yu SC and Jin Pao SC)
- Competition Commission v W Hing Construction Company Ltd & Ors (CTEA 2/2017) – acting for the Competition Commission in the first (and successful) enforcement action on market sharing and price fixing and consequent appeal against both liability and sanction:
-  HKCT 3,  3 HKLRD 46 – four-week trial (led by Daniel Beard QC and Abraham Chan SC);
-  HKCT 1,  2 HKLRD 1229 – first judgment on pecuniary penalties (led by Daniel Beard QC and Abraham Chan SC);
-  HKCA 877,  3 HKLRD 219 – appeal by 4th Respondent on liability dismissed (led by Daniel Beard QC and Abraham Chan SC)
-  HKCA 786 – appeal by 1st, 4th and 9th Respondents on sanction dismissed (led by James Segan QC and Jonathan Wong)
-  HKCT 5 and  HKCT 6 (both led by Abraham Chan SC);
-  HKCA 930 (strike out);  HKCT 2 (expert evidence) (both as sole advocate)
Company Re The Bank of East Asia Ltd  4 HKLRD 396 – appeared for the bank in a 3-day hearing of discovery summonses in unfair prejudice petition alleging share placements passed for improper purposes (led by Charles Hollander QC)Yeung Bing Kwong Kenneth and Anor v Yeung Chi Shing Estates Ltd and Ors (HCA 1564/2017) – acting for two defendants in shareholder / boardroom disputes involving allegations of breaches of shareholders’ agreement (led by Victor Dawes SC)Appeared as sole advocate on behalf of petitioners, company, supporting and opposing creditors in short hearings in the Companies Court as sole advocate in respect of petitions to wind-up companies (e.g. Re Blockchain Group Co Ltd  HKCFI 2590 – successfully wound up publicly listed company; Re General Nice Development Ltd (HCCW 418/2016)) and petitions for relief for unfair prejudice (e.g. Re HK Metal Trading Ltd (HCCW 380/2017); Re T-Hero Industrial Co Ltd (HCCW 403/2017)) Commercial Shenzhen Futaihong Precision Industry Co Ltd & Ors v BYD Co. Ltd & Ors (HCA 2114/2007) – acting for plaintiffs by original action and defendants by counterclaim involving, inter alia, breach of confidence;  HKCA 408 (led by Wong Yan Lung SC and with Law Man-Chung) Hong Kong Zhixin Financial News Agency Ltd v China Maple Leaf Educational Systems Ltd (HCA 2973/2016) – acting for plaintiff; seeking specific performance of issuance and allotment of option shares in listed company; defending against allegations of insider dealing and misrepresentation (with Laurence Li [now Laurence Li SC])Deltatre SPA v LeTV Sports Culture Develop (HongKong) Co Ltd  4 HKLRD 478 – acted for LeTV; resisted summary judgment and stay of proceedings granted; whether stay of proceedings on the basis of exclusive jurisdiction clause should be refused simply because there is no credible defence (sole advocate) Civil Fraud / Asset Recovery Linden Capital LP & Ors v Luckin Coffee Inc & Ors (HCMP 472/2020) – acting for the plaintiff investors against the Luckin Coffee Group (瑞幸咖啡); claims relating to bonds offering based on substantial (but fictitious) inflation of the Group’s sales revenue and fraudulent misrepresentations as to the Group’s financial performance (led by Victor Dawes SC)Pacific Andes Enterprises (BVI) Ltd (in liq) & Ors v Ng Joo Siang & Ors (HCA 688/2019) – acting for the Liquidators against, inter alia, directors for massive fraud allegedly perpetrated on the companies in liquidation (led by Laurence Li SC)Ding Huirong v China Times Securities Ltd & Anor  HKCFI 376;  HKCA 419 – O.14A procedure for determination of question of law; transaction (re)characterization; equity of redemption (led by Jose Maurellet SC) Injunction / Contempt Acted and appeared in numerous injunction applications on behalf of applicants, respondents as well as third parties thereto, particularly in the series of above matters involving civil fraud / asset recovery.China Merchants Bank Co Ltd (Taiyuan Branch) v Cai Sui Xin  HKCFI 2228 – appeared for defendant in a third party application for variation of terms of Mareva injunction (sole advocate)JJB Link Logistics Company Ltd & Ors v Wang Chung Leong & Ors (HCA 197/2018) – appeared for plaintiffs applying for interim negative and Mareva injunctions against former and current directors and employees (led by Bernard Man SC) Advised on the powers of the Commissioner for Rating and Valuation and the principles concerning assessment of rates under the Rating Ordinance, Cap 116 and the Government Rent (Assessment and Collection) Ordinance, Cap 515 (led by Bernard Man SC)Advised in respect of rating appeal concerning the receipts and expenditure method of valuation, the rebus sic stantibus principle, the hindsight principle, and the determination of tenant’s share (led by Benjamin Yu SC)Advised in respect of the Rating and Valuation Department’s rating assessment under ss.7 and 7A of the Rating Ordinance, Cap 116 amidst the COVID-19 pandemic and the effect of certain private arrangements (led by Benjamin Yu SC) Clark Quantum Kent v Hai Tin Ltd & Ors (HCA 961/2017) – acted for plaintiff beneficiary against trustee and 12 other defendants for misappropriation of trust funds, breach of duties, dishonest assistance, knowing receipt, conspiracy, tracing and other claims (led by Richard Todd QC) Chan Yeuk Nam & Ors v Chan Yeuk Shan & Wong Tak Shing (HCMP 1530/2020) – acting for the plaintiffs in the aftermath of the removal of the defendant as executrix of two estates; seeking interim and miscellaneous relief and resisting the defendant’s application for stay of execution (see  HKCFI 1275)Lee Chi Wang v Wong Pui Yin Georgeanna & Ors (HCA 176/2022) – acting for the administratrix of the estate and other defendants resisting claims over properties of substantial value within the estate, which are allegedly held on trust for the plaintiffRe the Estate of Tjhung See Gan (HCMP 322/2015) – acted for the administrator in application for service out of jurisdiction and substituted service of the OS and for extension of the validity of the OS (sole advocate) Property & Conveyancing Chan Pak Hung v Keung Lai Nor Winnie  HKCFI 1264 – conducted 4-day trial for the plaintiff; successfully sought an order for sale of a co-owned property and resisted counterclaims of common intention constructive trust (sole advocate) Chan Chun Ni v Chan Ngai Keung (HCA 2206/2018) – conducted 7-day trial for the defendant; defending against alleged common intention constructive trust and resulting trust in a domestic context (sole advocate)Winland Mortgage Ltd & Ors v Star Rainbow Investments Ltd  HKCFI 3163 – conducted 6-day trial for the defendant; successfully resisted monetary claims related to payments for the purchase of land and the hotel situated thereon (with Anthony Chan) HKIAC arbitration – claim in respect of an investment involving acquisition of shares for CAD 25 million alongside prepayment for coal supply in the sum of USD 10 millionHKIAC arbitration – claim in respect of joint venture agreement concerning the investment in and production of a film, and the “pledging” of proceeds derived from the film and the IP rights etc thereof as collateral to a loan agreement in the amount of USD 10 millionHKIAC arbitration – claim in respect of repayment of HKD 40 million loan advanced for specific purpose which failed and accordingly held on Quistclose trust BFAM Partners (Hong Kong) Ltd v Gareth John Mills & Segantii Capital Management Ltd  HKCFI 290 – enforceability of non-competition covenants in employment contract; information technology professional in fund / asset management firm (sole advocate)Prepared expert report on Hong Kong law for employment law proceedings in Gigi Kai Zi Chan v Wellington Management Co LLP & Charles Argyle (US District Court, District of Massachusetts, Civ Action No 19-11605-WGY) (led by Ashley Burns SC)Ren Yu-Ying v Huawei Tech Investment Co Ltd (LBTC 201/2018) – advised on quantum of damages and heads of claim sought by the claimant for alleged (a) breach of implied term of trust and confidence, (b) breach of the implied anti-avoidance term, (c) irrationality, perversity, arbitrariness and/or male fides in downgrading employment grade level and lowering of appraisal results, and (d) wrongful dismissal / wrongful constructive dismissal (led by Ashley Burns SC). Secretary for Justice v Chan Thao Phuomy & Anor  3 HKLRD 310 – as amici curiae, in defendants’ application to oppose registration of “external confiscation order” under s. 29(1) of the Drug Trafficking (Recovery of Proceeds) Ordinance, Cap 405 (led by Jat Sew-Tong SC and with Janet Ho)