Alan Kwong

  • LLM (Cantab)
  • LLB (HKU)
  • BSSc (Govt & Laws) (HKU)

Year of call

  • 2008 (Hong Kong)

Profile

Alan Kwong graduated from the University of Cambridge and the University of Hong Kong with first class honours in Politics and Law.

Alan practices mainly civil and commercial law, with a special focus in the areas of companies, land disputes and general commercial disputes.
Whilst Alan has been constantly instructed to act for major listed companies in complicated civil disputes, he recently appeared before the Court of Appeal for the successful parties in a number of leading authorities on land disputes in relation to common intention constructive trust and estoppel: see Mo Ying v. Brillex Development Ltd[2015] 2 HKLRD 985; and Hong Kong Hua Qia Co Ltd v. Cham Ka Tai (CACV 178/2013, 4th March 2015)

Substantial Commercial Disputes: 

  • Atal Technologies Limited v Stratech Systems Limited, [2012] 3 HKLRD 281. Acted for a Singaporean listed company in a substantial contractual dispute regarding the “e-Channel” project of the Immigration Department of the HKSAR (led by Anthony Houghton SC). 
  • Miramar Hotel & Investments Co Ltd v Express Cross Border Coach Management Ltd (HCA 1693/2007, 27th November 2012). Acted for a major Hong Kong listed company in a shareholdings dispute; specific performance ordered (led by Audrey Eu SC).
  • UCO Banks v Days Implex Limited, Liberia & Anor (HCA 204/2012, 24th October 2012). Acted for an Indian bank in a commercial dispute; successfully appealed against master’s decision of refusing to enter summary judgment. 
  • Lucky Zone Holdings Ltd v Winning Beauty Investments Ltd & Anor; Lucky Zone Holdings Limited v Lucky Belt Holdings Ltd & Anor (HCA 784 of 2012 and HCA 785 of 2012, 29th May 2013). Acted for a Hong Kong listed company in a convertible bond dispute involving US$4,500,000.00.

 

Companies & Insolvency

  • Chan Kai Yan & Anor v Leung Chi Kit & Ors (Re: Lucky Ford Industrial Ltd)[2013] 3 HKLRD 550. Acted for the minority shareholders of a joint venture company which owns and operates a shopping centre in Mong Kok; successfully wound up the subject company and obtained costs on a common fund basis against the majority shareholders; one of the leading authority on costs in s.168A/s.177(1)(f) petition. (led by William Wong SC).
  • Re Loong San Investment Co Ltd, Leeloong Investment Co Ltd and Loong Wan Investments Ltd, [2014] 3 HKLRD 224; HCMP 1830/2013, 1831/2013 and HCMP 2813/2013 (30th April 2014); and HCMP 2059/2011, HCMP 2060/2011 and HCMP 2062/2011, 4th June 2012). Acted for the minority shareholders in three family companies holding 3 block of commercial buildings in Hong Kong involving assets exceeding HK$350,000,000.00; obtained leave to commence statutory derivative action (led by Johnny Mok SC: regarding discovery application; and led by William Wong SC: regarding application for leave to commence statutory derivative action).
  • Re Wako Giken (HK) Limited [2010] 4 HKLRD 121. Leading authority on interlocutory injunction in the context of ss.177(1)(f)/168A Petition; acted for the minority shareholders of a Japanese company, and obtained an interlocutory injunction in respect of control over subsidiary companies in PRC (led by Clifford Smith SC and Anson Wong SC)
  • Pevonia International LLC (CACV 235/2014, 18th March 2015); (HCCW 417/2012, 23rd April 2014). Acted for a leading global skin product manufacturer incorporated in the USA; successful wound-up a joint venture company in Hong Kong; successfully overturned the costs order made by the Court of First Instance.
  • Re Yuen Mun Wa [2012] 5 HKLRD 108. Bankruptcy proceedings; argued the threshold in respect of “bona fide dispute on substantial grounds.
  • Re Hong Kong Pak Tat Trading Co (HCCW 236/2011 and HCMP 1928/2011, 1st December 2011). Acted for Petitioner and wound-up a family company holding very substantial assets in PRC (led by William Wong SC). 
  • Appointed provisional liquidators for various listed companies in Hong Kong on urgent basis: Re: Skyfame Realty Holdings Ltd, HCCW 661/2009; Re: Fu Ji Food & Catering Services Holdings Ltd, HCCW 621/2009; and Re: Norstar Founders Group Ltd, HCCW 76-77/2009.
  • Re Memory Device Limited (HCCW 71/2009, 14th April 2009). Acted for a major international bank, and wound-up a Singaporean listed company.
  • Re Hang Fung Jewellery Company Limited (HCCW 503/2008, 7th September 2009). Acted for a major international bank, and successfully wound-up the key subsidiary of a listed company in Hong Kong.

 

Lands Disputes:

  • Mo Ying v. Brillex Development Ltd & Anor [2015] 2 HKLRD 985; [2014] 3 HKLRD 224. One of the leading authorities on common intention constructive trust and estoppel by standing by; acted for a professional investor and successfully resisted a wife' s claim for beneficial ownership (led by Audrey Eu SC).
  • Hong Kong Hua Qia Co Ltd v Cham Ka Tai (CACV 235/2014); (HCA 2619/2005, 30th July 2013). Acted for a mistress; successful established beneficial interest in a property by virtue of the doctrine of promissory estoppel.
  • Perfect China International Ltd v Chan Yat Siu & Anor [2012] 5 HKC 258. Resisted an action to enforce DMC on the grounds of lacking clean hands and acquiescence (led by Patrick Chong).
  • Ge Li v Sun Mei Industrial Ltd & Ors (HCA 1009/2010, 5th March 2013). Acted for a developer/vendor; dispute on experts’ valuation of a property in Sai Kung.
  • Wealth Treasure Corporation Ltd v Hing Fat Hong Auto Air Conditioning Co Ltd (HCA 1658/2012, 22nd April 2013). Resisted an application for interlocutory injunction to restrain use of the common areas in an industrial building.
  • Irene Luk Ngai Ling v Best Star Holdigns Ltd & Others. (HCA 1174/2008; HCA 1592/2009; and HCA 1804/2009). Acted for and defended a developer in dispute in respect of a scheme to develop 62 small houses in New Territories.
  • Re Chu Kar Yin Catalina v AMTD Risk Management Ltd, (HCMP 266/2010, 26th February 2010). Acted for the subsidiary of a major listed company in Hong Kong, and resisted an application to vacate lis pendes.
  • The Incorporated Owners of Ning Fung Court v Ho Mei Tak (LDBM 110/2009, 20th July 2010) Enforcement and construction of DMC; mandatory injunction; obtained declaratory relief that the IO was in breach of DMC.
  • Pak Fah Yeow Investment (Hong Kong) Co Ltd v Proper Invest Group Ltd(HCA 2789/2007, 12th September 2008). Naming rights of a building (led by Patrick Chong).

 

Civil Procedure:

  • Choi Chung Bun Vincent v Australia China Holdings [2013] 2 HKC 361. Appeared before the Court of Appeal to aside the costs order of the Court of First Instance in interlocutory proceedings; recent leading authorities on costs in setting aside default judgment.
  • Top One Interntional (China) Property Group Co Ltd v Top One property Group Ltd & Ors [2011] 1 HKLRD 606. Leading authority on relief against sanction.
  • EDS Wellness Holdings Ltd v. Shum Yeung (HCA 1775/2012, 11th March 2015). Acted for a listed company; successfully resisted a judgment debtor's application to set aside judgment on the alleged ground of fraud (led by Ambrose Ho SC)
  • Lee Sai Nam v Li Shu Chung & Anor (HCA 1711/2009, 31st May 2013). Breach of unless order; relief against sanction (led by William Wong SC).
  • Sun Focus Investment Ltd v Tang Shing Bor & Anor [2012] 5 HKLRD 853. One of the leading authorities on costs against non-parties under section 52A of the High Court Ordinance and Order 62 rule 6A of the Rules of High Court.
  • 廣東長虹電子有限公司 v. Inspur Electronics (HK) Ltd [2015] 2 HKLRD 714. Recent leading authorities on appeal against leave to enforce Mainland award.
  • 惠州市東方聯合實業有限公司 v. Wong Wai Tsang, (HCCT 73/2010, 28th February 2012). Enforced a PRC Arbitration Award assigned in favour of an Assignee pursuant to section 40B and 2GG of the Arbitration Ordinance.
  • Lee Tak Yee v Lee Tak Yan & Ors, (HCA 766/2008, 10th March 2010). Struck out Statement of Claim for abuse of process and obtained indemnity costs (led by Patrick Fung SC).
  • Bith LLC v GCA Forex Corp (HCA 1743/2008, 6th May 2009). Obtained and defended a Mareva injunction to the extent of US$1,900,000 in a case involving unconscionable receipt of trust properties and conspiracies to defraud (led by Anson Wong SC).
  • Lee Kwong Yan v Lai Yan Transport Co Ltd, (HCA 382/2011, 5th July 2011). Obtained and defended an interlocutory injunction to restrain disposal of business assets (led by Anson Wong SC).

 

Listing and Compliance Matters:

  • Re Japan Home Centre (Management) Ltd, JHC (Inter’l Ltd); Japan Home Centre (HK) Ltd & Familj (China) Ltd (HCMP 1650-1653/2013, 15th August 2013) Acted for and advised the “Japan Home Group” in relation to the listing plan on the Main Board of the Stock Exchange of Hong Kong under International Housewares Retail Co Ltd; obtained reliefs under sections 111 and 122 of the predecessor Companies Ordinance (Cap.32).
  • Perfect Display Limited (HCMP 1711/2013). Acted for and advised Perfect Optronics Ltd in relation to its listing plan on the GEM Board of the Stock Exchange of Hong Kong; obtained reliefs under sections 111 and 122 of the predecessor Companies Ordinance (Cap.32).
  • Grace Glory Limited (HCMP 442/2010, 22nd April 2010). Acted for and advised the “China Wood Flooring” Group in relation to its listing plan on the Main Board of the Stock Exchange of Hong Kong under Nature Home Holding Company Limited; obtained reliefs under sections 111 and 122 of the predecessor Companies Ordinance (Cap.32).
  • China New Rich Medicine Holdings Co. Ltd (HCMP 2006/2012). Acted for and advised China New Rich Medicine Holdings Co Ltd in relation to its listing plan on the GEM Board of the Stock Exchange of Hong Kong; obtained reliefs under sections 111 and 122 of the predecessor Companies Ordinance (Cap.32).
  • Handled no less than 20 applications seeking reliefs under sections 111 and 122 of the predecessor Companies Ordinance (Cap.32) and/or section 431 of the Companies Ordinance (Cap.622).