Jason C.S. Kung

LAND, PROPERTY, AND BUILDING MANAGEMENT

• Cheung Lai Mui v Cheung Wai Shing & Ors (2021) 24 HKCFAR 116 (CFA) (acted for the Appellant and appeal allowed; whether proprietary estoppel can arise when detrimental reliance occurs only after the death of the promisor; the proper approach of equitable accounting as between co-owners of land) (led by Ms Audrey Eu SC and with Mr Anson Wong Yu Yat)

• Law Sau Wah v Lau Chu Mui, the personal representatives of Lam Kwok Kum, Deceased [2021] HKCA 422 (acted for the Appellant; whether a joint tenant was entitled to the proceeds of sale of a property despite failure to prove an agreement to split the proceeds; retracting concession at trial) (led by Mr Hectar Pun SC)

• Tai Cheng International (Holdings) Ltd v Chan Lai Man & Ors [2023] HKCFI 2430 (acted for the Defendants; resisted the plaintiff’s claim of private nuisance and breach of DMC through the alleged water seepage from the Defendant’s property) (with Mr Kenny Lin)

• Samtani v Samtani (HCA 496/2011 – pending judgment) (acting for the defendant in a 16-day trial; whether the plaintiff has properly pleaded and if so, whether the defendant holds over HK$300 million worth landed properties on common intention constructive trust based on Indian tradition and family understanding; alternatively, whether the said properties are partnership properties of the partnership between the plaintiff and the defendant) (with Mr Kenny Lin) 

• 余宗文及李玉英 對 富怡花園(小西灣)業主立案法團 (LDBM 294/2019) (acted for the Applicant; whether IO can fund the defence of a defamation action against the chairperson of the IO)

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CONFLICT OF LAWS/ PRIVATE INTERNATIONAL LAW

•  Fong Chak Kwan v Employees Compensation Assistance Fund Board (2022) 25 HKCFAR 135 (CFA); [2021] 6 HKC 401 (CA) (acted for the Respondent and the Board’s appeal dismissed; proper interpretation of ‘damage sustained within the jurisdiction’ in O.11 r. 1(1)(f) of the Rules of the High Court) (led by Ms Audrey Eu SC (CFA) and Mr Paul Harris SC (CA), and with Mr Anson Wong Yu Yat).

•  李明實 & Ors v Ace Lead Profits Ltd [2022] HKCFI 3342 (substantive application); [2023] HKCFI 193 (leave to appeal) (acted for the Plaintiff; resisted the Defendants’ application for stay in favour of arbitration, on forum non conveniens, and on case management grounds) (with Mr Kenny Lin and Mr Ronald Ngan)

•  Re Wang Huimin [2021] HKCFI 3472 (acted for the petitioner in resisting the application to annul bankruptcy order against the former chairlady of a Hong Kong listed company; whether the debtor carried on business in Hong Kong for the purpose of establishing bankruptcy jurisdiction; whether substituted service of bankruptcy petition can be effected within Mainland China) (led by Mr Jonathan Chang SC and with Mr Xizhen Wang and Mr Anson Wong Yu Yat)

 

CIVIL FRAUD/ ASSET RECOVERY

•  ANZ Commodity Trading Pty Ltd v Excellence Raise Overseas Ltd & Ors [2023] HKCFI 179 (acted for the 1st, 9th and 10th defendants in resisting a claim of equitable proprietary claim and unjust enrichment in relation to a USD 300 million nickel trading fraud) (with Mr Kenny Lin)

• Sunni International Ltd v Kao Wai Ho Francis & Ors (HCA 1884/2018 – pending judgment) (acting for the 2nd defendant in a 24-day trial; the scope and content of the fiduciary duties owed by a bank signatory to the account holder and whether the 2nd defendant was in breach of the same; whether the 2nd defendant was part of a conspiracy to injure the company by misappropriation of the company’s assets) (with Mr Lincoln Cheung)

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INSOLVENCY

• Re Tiancheng Fortune Management Ltd [2022] HKCFI 3333 (acted for the Company; resisted the winding up petition and the continuation of an injunction order based on an alleged debt of over RMB3.2 billion on the grounds of sham, fraudulent misrepresentation and foreign illegality; obtained an order for costs on an indemnity basis against the petitioner) (with Mr Kenny Lin and Mr Jeffrey Lee)

• Re Chui Tak Keung Duncan [2023] 1 HKC 86 (substantive application); [2022] HKCFI 1146 (discovery of redacted documents) (acted for the Applicant; revocation of the individual voluntary arrangement of the person-in-charge of Fook Lam Moon restaurant under section 20J of the Bankruptcy Ordinance, Cap 6; whether material irregularity in the creditors’ meeting) (with Mr Lincoln Cheung)
   

PROBATE/ ADMINISTRATION

• Chan Wai Ming v Chan Chun Ho & Ors [2022] HKCFI 3327 (acted for the Defendants and the Plaintiff’s claim dismissed; whether the Deceased was of testamentary capacity) (with Mr Kenny Lin)

• Tsang Choi Ngun v Wong Wan Chi Anita [2021] HKCFI 777 (acted for the Plaintiff and application allowed; revocation of probate and removal of executor)

 

ADMINISTRATIVE AND PUBLIC LAW

• Cheung Tat Ming Eric v The Council of the Law Society of Hong Kong (HCAL 529/2022 – pending judgment) (acting for the Applicant; Council’s decision to refer complaint against a fellow Council member to the convenor of the Solicitors’ Disciplinary Tribunal; whether Council in breach of public law duty of adherence to published policy and legitimate expectation; whether Council apparently biased) (led by Mr Stewart Wong SC)

• Cheung Shui Kam & Anor v The Registrar of Companies [2020] 5 HKLRD 742 (acted for the Applicant and obtained leave to apply for judicial review; constitutionality of time limit in restoration of a company struck off under section 290A of the predecessor Companies Ordinance) (with Mr Valentine Yim)

• Fung Man Chee Maggie & Anor v Hong Kong Institute of Clinical Psychologists Ltd [2021] HKCFI 2424 (substantive application); [2020] HKCFI 2810 (leave application) (acted for the Applicants and obtained leave to apply for judicial review; whether registration requirement of the register of HKICP tainted by apparent bias, error of facts and/or irrationality) (led by Mr Hectar Pun SC and with Mr Anson Wong Yu Yat)

 

DISCIPLINARY

•  Good Cause Proceedings against an Associate Professor (The University of Hong Kong) (led by Mr Johannes Chan SC (Hon) and with Mr Randy Shek)

•  Acted/ acting in numerous cases of cancellation of registration of teacher by the Permanent Secretary for Education under section 47 of the Education Ordinance, Cap 279 and appeal to the Appeal Board appointed under the Education Ordinance, Cap 279

•  Advised an applicant on his application for restoration of his name to the General Register under section 25(3) of the Medical Registration Ordinance, Cap 161

 

OTHER NOTABLE CASES

•  HKSAR v Chan Hon Wing (2021) 24 HKCFAR 448 (acted for the Appellant and appeal against conviction allowed; whether simultaneous interpretation in Punti of a summing up in English can be made available to the jury) (led by Mr Eric TM Cheung)

•  HKSAR v Tai Yiu Ting & Ors [2021] 2 HKLRD 899 (acted for the Appellant’s appeal against conviction and sentence of conspiracy and incitement to commit public nuisance for the ‘Occupy Central’ movement) (led by Mr Eric TM Cheung and with Mr Randy Shek)

•  HKSAR v Kwok Wing Kin & Ors [2024] 1 HKLRD 901 (acted for the 1st, 2nd and 5th Appellants; proper interpretation of ‘prohibited group gathering’ under Cap. 599G; whether participation in peaceful assembly can constitute a defence of reasonable excuse) (with Mr Anson Wong Yu Yat)

•  HKSAR v Ngai Hon Kwong [2021] 2 HKLRD 596 (acted for the Appellant; whether the trial judge misdirected the jury)

•  HKSAR v Tam Ho Nam [2021] 5 HKLRD 367 (acted for the Appellant; whether the trial judge misdirected the jury)