Grace Chow
周昭雯大律师
周昭雯大律师
Call: 2000 (HK)

学历

  • Master of Law (First Class Honours), Downing College, University of Cambridge
  • Postgraduate Certificate in Laws, University of Hong Kong
  • Bachelor of Laws (First Class Honours), University of Hong Kong

联络方法

电邮:gchow@templechambers.com
电话:(+852) 2523 2003
传真:(+852) 2810 0302

引述

执业范畴

  • 公法 / 司法复核
  • 歧视
  • 雇佣
  • 公司法
  • 破产清盘
  • 财产及物业转移
  • 仲裁
  • 精神健康
  • 出版刊物

  • Contributing Editor of Company Law In Hong Kong Practice and Procedure (Sweet & Maxwell)
  • 奖学金 / 奖项

  • Hong Kong Middle Temple Advocacy Scholarship
  • College Prize in Law, Downing College, University of Cambridge
  • Elected to Title of Scholar, Downing College, University of Cambridge
  • Cambridge Overseas Trust Scholarship
  • British Chevening Postgraduate Scholarship
  • Baker & McKenzie Scholarship
  • Dean’s Honour List, University of Hong Kong
  • Grand Finalist, University of Hong Kong Faculty of Law’s Compulsory Moots
  • Hong Kong Bank One Year-Exchange Scholarship to the University of Toronto
  • 专业经验

    Grace Chow has a broad civil practice with an emphasis on insolvency/commercial law, constitutional and administrative law and human rights.

    Early on in her practice, she has appeared led and unled in a number of high profile cases involving shareholders disputes seeking unfairly prejudicial relief and/or just and equitable winding up, claims for breach of joint venture agreements and fiduciary duties between two then leading Karaoke outlet operators as well as the enforcement of an international arbitration award of over US$260M which was contested all the way to the Court of Final Appeal. She has considerable experience in the winding-up of companies (both private and publicly-listed companies), the reinstatement of companies and staying of winding-up proceedings.

    Apart from insolvency and bankruptcy work, she acts and advises in land, banking and employment disputes.

    In more recent years, she advises and appears for the Government, particularly in judicial review cases (involving torture claimants and asylum seekers/refugees as well as constitutional challenges to existing legislations) and has the privilege to be led by and to work closely with well-known local senior counsel as well as eminent London Queen’s Counsel renowned in the areas of constitutional and administrative law, public international law and human rights.

    She also accepts instructions from Legal Aid to act for and advise legally-aided clients.

    经验

    公法 / 司法复核+
  • Junior Police Officers’ Association of Hong Kong Police Force v Electoral Affairs Commission (No 2) [2020] 3 HKLRD 39

    Challenge to the registration and electoral system in Hong Kong which requires or permits the electoral registers showing the names of the registered electors together with their principal residential addresses to be made available for inspection by the public and candidates in a District Council election as contrary to the registered voters’ rights to privacy, home and family and/or their right to vote (led by Mr Raymond Leung SC).
  • R v Director of Immigration [2020] HKCFI 1308

    A systemic challenge to the policy requiring a person wishing to make non-refoulement claim to give a written signification giving a general indication of the person’s reasons for claiming non-refoulement protection in Hong Kong (led by Mr Johnny Mok SC).
  • MK v Government of HKSAR [2019] 5 HKLRD 259

    A challenge to the constitutionality of the denial of the right to same-sex marriage in Hong Kong and the Government’s failure to provide a legal framework for the recognition of same-sex relationships as an alternative (led by Mr Stewart Wong SC with Mr Johnny Ma).
  • Yeung Chu Wing v Secretary for Justice [2019] 3 HKLRD 238

    A constitutional challenge to various provisions in the Crimes Ordinance Cap.200 as being discriminatory against male homosexuals (led by Mr Raymond Leung SC).
  • Q v Commissioner of Registration [2019] HKLRD 1244

    A constitutional challenge to the requirement for female-to-male transgender persons to undergo sex assignment surgery in order to change the gender entry on their HKID card from female to male (led by Mr Stewart Wong SC with Ms Bonnie Cheng).
  • Comilang Milagros Tecson v Director of Immigration (2019) 22 HKCFAR 59

    A constitutional challenge to the decisions of the Director of Immigration to refuse extension of permission to stay to mothers who had no right of abode to remain in Hong Kong but wished to take care of their minor children who had either Hong Kong resident or permanent resident status (led by Lord Pannick QC and Mr Abraham Chan SC).
  • QT v Director of Immigration (2018) 21 HKCFAR 324

    A challenge to the Director of Immigration’s refusal to recognize a partner to a same-sex civil partner as a “spouse” under his dependant policy on grounds of sexual orientation discrimination and Wednesbury unreasonableness (led by Lord Pannick QC and Mr Stewart Wong SC).
  • Ram Chander v Director of Immigration [2018] HKCA 585

    Appeared on behalf of the Director of Immigration upon the invitation of the Court of Appeal to respond to an appeal against the refusal of leave to apply for judicial review by a non-refoulement claimant who was not permitted to raise a subsequent BOR2 claim.
  • Hashimi Habib Halim v Director of Immigration, HCAL 251/2015

    Successfully defended a challenge to the Director of Immigration’s refusal to recognize the applicant as a “stateless person”.
  • Hui Wing Kit v Director of Immigration [2016] 3 HKLRD 80

    A challenge to the Director of Immigration’s decision to remove an illegal immigrant who claimed to be stateless; the extent of the duties owed by the Director in effecting removal (led by Mr Johnny Mok SC).
  • MS v Director of Social Welfare, HCAL 57/2015

    A challenge to the alleged blanket policy of the Director of Social Welfare not to provide humanitarian assistance to visitors in Hong Kong who intend to make non-refoulement claims once their permissions to stay in Hong Kong expires but have not (led by Mr Paul Shieh SC).
  • Commissioner of Registration v Registration of Persons Tribunal [2015] 2 HKLRD 369

    Appeared as Amicus Curiae on whether a person born in the UK to parents who were HK permanent residents and previously issued a HK permanent identity card before 1997 has a right of abode in Hong Kong after 1997 under article 24 of the Basic Law, the applicability of article 5 of the Chinese Nationality Law and who bears the burden of proof.
  • ST v Betty Kwan [2014] 4 HKLRD 277

    The leading case in the Court of Appeal setting out the requirements of procedural fairness and when an oral hearing should be afforded in the determination of a CAT petition (led by Mr Paul Shieh SC).
  • Ghulam Rbani v Secretary for Justice (2014) 17 HKCFAR 138

    The applicability of the Hardial Singh principles to the power of the Director of Immigration to detain pending his decision whether to make a removal order against an overstayer who had made a CAT claim, exclusion of the right to rely on Article 5(1) of the Hong Kong Bill of Rights by persons not having the right to enter and remain in Hong Kong by reason of s.11 of the Hong Kong Bill of Rights Ordinance, Cap.383 (led by Mr Anderson Chow SC).
  • GA v Director of Immigration (2014) 17 HKCFAR 60

    A claim by mandated refugees and screened-in torture claimants that they had a right to work and not permitting them to work would constitute inhuman and degrading treatment (led by Lord Pannick QC and Mr Paul Shieh SC).
  • C v Director of Immigration (2013) 16 HKCFAR 280

    A challenge to the Director of Immigration’s decision to remove without having independently assessed whether that person is a refugee who has a well-founded fear of persecution (led by Mr Benjamin Yu SC, Professor Vaughan Lowe QC and Mr Anderson Chow SC).
  • Ubamaka v Secretary for Security (2012) 15 HKCFAR 743

    A challenge to the deportation order made on the grounds that the return the applicant to his home country would subject him to double jeopardy and torture or inhumane treatment, validity and scope of s.11 of the Hong Kong Bill of Rights Ordinance, Cap.38, applicability of article 3 of the Hong Kong Bill of Rights in expulsion cases and what must be established to fall within article 3 (led by Mr Benjamin Yu SC, Professor Malcolm Shaw QC and Mr Anderson Chow SC).
  • Saeed v Director of Immigration [2012] 3 HKLRD 541

    Successfully defended an appeal against a challenge to the validity and lawfulness of removal order against an illegal immigrant.
  • CH v Director of Immigration [2011] 3 HKLRD 101

    Successfully defended an appeal against a challenge to the policy of the Director of Immigration to decline to investigate any claim for protection until after the permitted period of stay in Hong Kong had expired and to refuse to extend permission to remain to persons who wished to claim protection or had already made such claim (led by Mr Anderson Chow SC).
  • A v Director of Immigration [2009] 3 HKLRD 44, [2008] 4 HKLRD 752

    A challenge to the validity of a removal order, lawfulness of the Director of Immigration’s unpublished detention policy under article 5 of the Hong Kong Bill of Rights and claim for damages for unlawful detention/false imprisonment (led by Mr Anderson Chow SC).
  • Cheng’s Educational Fund Ltd v Secretary for Education and Manpower, HCAL 61/2004

    A challenge to the tightened criteria for aided primary schools to operate Primary 1 class and the decision not to allow the Applicant to operate Primary 1 class (led by Mr Benjamin Yu SC).
  • Lam Yuet Mei v Permanent Secretary for Education and Manpower [2004] 3 HKLRD 524

    A challenge to the removal of the school from the primary one admission school list and to cease to provide grants to it (led by Mr Benjamin Yu SC).
  • 歧视
  • Yeung Chu Wing v Secretary for Justice [2019] 3 HKLRD 238

    A constitutional challenge to various provisions in the Crimes Ordinance Cap.200 as being discriminatory against male homosexuals (led by Mr Raymond Leung SC).
  • Q v Commissioner of Registration [2019] HKLRD 1244

    A constitutional challenge to the requirement for female-to-male transgender persons to undergo sex assignment surgery in order to change the gender entry on the HKID card from female to male (led by Mr Stewart Wong SC with Ms Bonnie Cheng).
  • QT v Director of Immigration (2018) 21 HKCFAR 324

    A challenge to the Director of Immigration’s refusal to recognize a partner to a same-sex civil partner as a “spouse” under his dependant policy on grounds of sexual orientation discrimination and Wednesbury unreasonableness (led by Lord Pannick QC and Mr Stewart Wong SC).
  • Fok Chun Wa v Hospital Authority (2012) 15 HKCFAR 409

    A constitutional challenge by women from the Mainland who were married to Hong Kong residents to charge them non-eligible persons’ fees for obstetric services in public hospitals, justification for discriminatory treatment, margin of appreciation (led by Mr Anderson Chow SC).
  • 雇佣
  • Aguilar Joenalyn Elmedorial v Director of Immigration, CACV 225/2012, [2013] HKEC 69 & FAMV 47/2013 [2014] HKEC 225

    Successfully defended an appeal against to the refusal to grant permission to the applicant to work as a domestic helper in Hong Kong because of criminal conviction whilst working for her previous employer.
  • Karlo Joanani Dauz v Director of Immigration, HCAL 86/2008

    Successfully defended the Director of Immigration’s decision to reject an application for employment visa.
  • 公司法
  • California Red Ltd v Neway Karoake Box Ltd, HCA 748/2008

    A case concerning alleged breach of the joint venture agreement between California Red and Neway by sending out letters to record companies announcing the termination of the joint venture, injunction sought to restrain the obtaining of exclusive licences for new KTVs that are covered by existing joint promotion agreements and the making of various representations to record companies (led by Mr Ashley Burns SC).
  • Re Chime Corp Ltd, HCMP 4146/2001

    Acted on behalf of respondents to an unfair prejudice petition, application to strike out and application to amend petition.
  • Re Weihong Petroleum Co Ltd, HCCW 19/1998

    Misfeasance proceedings against former directors; the admissibility of transcripts in private examination (led by Mr Paul Shieh SC).
  • 破产清盘+
  • Re Suncorp Industrial Ltd, HCCW 287/2008

    Successfully obtained a winding up order on behalf of the petitioner and supporting creditors.
  • Re Celeasia Co Ltd, HCCW 475/2005

    Successfully obtained on behalf of petitioner orders for reinstatement of company and winding up.
  • Re Sun Honest Development (China) Ltd, HCCW 1275/2004

    Successfully obtained on behalf of the petitioner orders for reinstatement of company and winding up.
  • Re China Million International Ltd, HCCW 696/2004

    Successfully obtained on behalf of the petitioner orders for reinstatement of company and winding up.
  • Re TKR Finance Ltd, HCCW 657/2004

    An application for a permanent stay of winding up (led by Mr Rimskey Yuen SC).
  • Wah Tat Foundation & Engineering Ltd v Kam Kin Bun & Yip Shiu Ching, HCSD 5&6/2003

    Acted for the respondents to resist an application to set aside statutory demand.
  • 财产及物业转移+
  • Fortune Asset Development Ltd v De Monsa Investments Ltd CACV 270, 271 & 272/2010

    A case on the mental capacity required to enter into sale and purchase agreements, legal effect on an agency upon an agent becoming of unsound mind, measure of damages for breach of agreement (led by Ms Lisa Wong SC).
  • Takco v Secretary for Justice, HCAL 196/2007

    A case concerning breach of tenancy agreement, whether Government was entitled to serve a Notice to Quit and to obtain vacant possession of premises, assessment of mesne profits (led by Mr Jat Sew Tong SC).
  • Lam Chung Yan v Wu Yuk Ying & Anor, HCMP 1011/2005

    Vendor and purchaser summons, requisition on title, whether delay in answering requisition constituted repudiation of the sale and purchase agreement by the vendor.
  • China Weal Property Management Ltd & Anor v Golden Place Investments Ltd, HCA 2000/2004

    A claim for management fees, construction of DMC, requirement in Buildings Management Ordinance for the preparation of budgets.
  • Yeung Yin Wa & Chan Ho Chuen & Anor, CACV 386/2004

    Whether purchaser entitled to rescind sale and purchase agreement by reason of the vendor’s failure to deliver keys of the property as stipulated in the agreement.
  • Tai Wai Kin v Cheung Wan Wah & Johnnie Yam, HCMP 1858/2003

    A case concerning New Territories small houses, Building Ordinance (Application to the New Territories) Ordinance Cap.121, whether requisitions satisfactorily answered, Certificate of Exemption of building works issued but not in respect of site formation and drainage works, whether Letter of Compliance and Letter of Toleration would preclude enforcement action by the Building Authority.
  • Kingdom Power Development Ltd v Dynamic Wise Trading Ltd & Anor, DCCJ 5019/2003

    Acted for the defendants in a summary judgment proceedings for possession and trespass for occupation of staircase area not referred to in tenancy agreement.
  • 仲裁
  • Karaha Bodas Co LLC v Perusahaan Pertambangen Minyak Dan Gas Bumi Negara (2009) 12 HKCFAR 84 (Court of Final Appeal), [2007] 4 HKLRD 1002 (Court of Appeal) and HCCT 28/2002 (Court of First Instance)

    The successful enforcement of a New York Convention award of over US$260M (led by Mr Jat Sew-Tong SC).
  • Hop Hing Iron Worksamp Construction Co v Acg Joint-Venture, HCCT 27/2003

    An appeal against arbitration awards (led by Mr Rimsky Yuen SC).
  • 精神健康
  • Fortune Asset Development Ltd v De Monsa Investments Ltd CACV 270, 271 & 272/2010

    A case on the mental capacity required to enter into sale and purchase agreements, legal effect on an agency upon an agent becoming of unsound mind, measure of damages for breach of agreement (led by Ms Lisa Wong SC).
  • 家事 / 婚姻
  • S v J (Surrogacy: Wardship) [2017] 5 HKLRD 129

    Application for a parental order by the genetic father of children who were born through surrogate mothers in India using the gametes of the father and mother who were both Hong Kong permanent residents (together with Mr Richard Todd).
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