Benny Lo

  • BA(Cantab) MA(Cantab) FCIArb FHKIArb
  • PCLL(Distinction)(HKU)
  • BPharm(Top 1st Hons) PhD (Nott)
  • HKIAC, CIETAC, KLRCA & WIPO Arbitrator
  • Accredited Mediator

Year of call

  • 2008 (Hong Kong)

Profile

Benny Lo graduated from Cambridge University in Law in 2006 (with Firsts in Contract, Equity and Land) and subsequently obtained the Postgraduate Certificate in Laws (with Distinction) from the University of Hong Kong. He was one of the two recipients of the Charles Ching Memorial Scholarship awarded by the Hong Kong Bar Association in the year 2007. Prior to joining the Hong Kong Bar, Benny had been engaged in pharmaceutical and biotechnology research in England, and received prestigious awards including a scholarship and a fellowship from the Croucher Foundation of Hong Kong in connection with his doctoral and post-doctoral research.

Benny’s legal practice focuses on general civil, commercial, company and intellectual property litigation and arbitration. In particular, he has a wealth of experience in contentious and non-contentious company matters, having represented clients in winding up petitions, shareholder disputes, derivative actions, share capital reductions, appointment of provisional liquidators and injunction applications.

Other than court litigation, Benny is also experienced in handling domestic and international arbitration. Benny has been included by HKIAC, CIETAC, KLRCA and WIPO on their respective list or panel of arbitrators, including HKIAC’s Panel for Arbitrators for Intellectual Property Disputes. He has been engaged in domestic and international disputes on commercial, intellectual property, construction and insurance matters, either as sole counsel, co-counsel, sole arbitrator or co-arbitrator under the HKIAC, ICC or the UNCITRAL rules. Since October 2013, Benny has been teaching international arbitration practice at the International Arbitration and Dispute Settlement (IADS) Course at the Tsinghua University School of Law.

 

In terms of public service, Benny is serving as a Chairman of the HKSAR Appeal Tribunal Panel (Buildings), a Member of the HKSAR Appeal Panel (Housing) and a Member of the HKSAR Fishermen Claims Appeal Board (Trawl Ban). In January 2017, Benny was appointed to sit as a Deputy District Judge.

 

Charles Ching Memorial Scholarship, HK Bar Association (2008)

Croucher Foundation Fellowship (2001) and Scholarship (1998)

Fitzhugh Memorial Prize for the most outstanding student, University of Nottingham Pharmacy School (1997)

Anita and Nicola Lee Prize for research, University of Nottingham Pharmacy School (1997)

·       Deputy District Judge (January 2017)

·       Chairman, Appeal Tribunal Panel (Buildings)

·       Panel of Arbitrators for Intellectual Property Disputes (HKIAC)

·       List of Arbitrators, Hong Kong International Arbitration Centre (HKIAC)

·       Panel of Arbitrators, China International Economic and Trade Arbitration Commission (CIETAC)

·       Panel of Arbitrators, Kuala Lumpur Regional Centre for Arbitration (KLRCA)

·       List of Arbitrators, World Intellectual Property Organization (WIPO)

·       List of Arbitrators, Hong Kong Bar Association

·       Fellow Member, Chartered Institute of Arbitrators (FCIArb)

·       Fellow Member, Hong Kong Institute of Arbitrators (FHKIArb)

·       Member, Asian Patent Attorneys Association

·       Accredited General Mediator, Hong Kong Mediation Accreditation Association Ltd (HKMAAL) and Hong Kong International Arbitration Centre (HKIAC)

·       List of Mediators, World Intellectual Property Organization (WIPO)

·       List of Mediators, Hong Kong Bar Association

·       Member, Committee on Mediation, Hong Kong Bar Association

  • “中國企業走出去--知識產權糾紛的爭議解決”, 2016粵港知識產權與中小企業發展(深圳)研討會 co-organized by the Guangdong Intellectual Property Office, the Shenzhen Municipal Government, the Hong Kong Intellectual Property Department and the Hong Kong Trade and Development Council (2016)
  • “Arbitrating IP Disputes”, Hong Kong Institute of Trademark Practitioners (2016)
  • “Alternative Dispute Resolution – Arbitration”, Lions Club of the Peak, Hong Kong (2014)
  • “Reduction of Share Capital”, LexOmnibus CPD lecture (2009)
  • Contributor to “Hong Kong Construction Law (loose-leaf)”, Sweet & Maxwell

 

Reported Cases

1. Re First China Financial Network Holdings Ltd [2015] 5 HKLRD 530: Junior Counsel (led by Anson Wong, S.C.) representing a former chairman of a Hong Kong-listed company in defending director disqualification proceedings brought by the SFC under s.214 of the Securities and Futures Ordinance (Cap. 571).

 

2. Novo Steel (HK) Ltd v. Peako Engineering Co Ltd [2015] 2 HKLRD 598; [2015] 3 HKC 100: Sole counsel representing the plaintiff in a sale of goods case in which the Court clarified the approach to the calculation of interest under RHC Order 22 in deciding whether, upon judgment, the defendant has failed to beat the plaintiff’s sanctioned offer.

 

3. Re Pioneer Industries (Holdings) Ltd [2015] 1 HKLRD 1: Sole counsel representing the applicants in an application for relief under s.122(1B) of the former Companies Ordinance (Cap. 32) and s.610 of the Companies Ordinance (Cap. 622) in which the Court clarified the law on whether a written resolution for an AGM passed outside the statutory time limit constitutes a “meeting” in the context of s.111 of the former Cap.32.

 

4. Re The Bauhinia Ltd [2014] 5 HKLRD 291: Sole counsel representing respondents resisting an application for leave to commence derivate action under s.168BC of the former Companies Ordinance (Cap. 32) in which the Court expressly recognized the necessity for derivative action as one of the discretionary factors in deciding whether to grant leave for a minority shareholder to commence a statutory derivative action.

 

5. Topwell Corporation Ltd v. 關錦祺 & Anr [2014] 5 HKLRD 1: Junior Counsel (led by Audrey Eu, S.C.) representing the owner of a roof hut on top of a Chinese building in an appeal to the Court of Appeal against a District Judge’s refusal of leave for him to amend his pleadings to plead a defence and counterclaim of adverse possession.

 

6. Alviero Martini SpA v. Bubble Retail Management Ltd & Or [2014] 2 HKC 494: Sole counsel representing a Taiwanese handbag manufacturer in an application for security for costs in an action concerning passing off and trade mark infringement.

 

7. Bridam Ltd v. Sa Sa Cosmetic Co Ltd &Anr [2014] 1 HKC 305: Sole counsel representing a cosmetic retailer in defending an application for mandatory injunction concerning the use of an advertising signboard hanging over Canton Road, Tsimshatsui.

 

8. Talent Weaving Dyeing & Printing Ltd v. Able Billion Textiles Ltd [2013] 2 HKLRD 479: Sole counsel representing a textile trading company claiming conversion against the defendant in an application to strike out scandalous paragraphs in witness statements.

 

9. Ngan In Leng v. Chu Yuet Wah (No. 1) [2013] 1 HKLRD 717: Junior Counsel (led by Barrie Barlow, S.C.) representing vendors of a Macau casino (in a claim against the controlling shareholder of the purchaser founded on an oral share repurchase agreement) in applications for specific discovery and discovery against a non-party.

 

10. Mimi Kar Kee Wong Hung v. Severn Villa Ltd & Applied Development Holdings Ltd[2012] 1 HKLRD 887: Junior Counsel (led by Barrie Barlow, S.C.) representing a wife claiming beneficial interest in property she resided in pursuant to a divorce settlement in various interlocutory summonses in respect of expert accounting evidence and for disclosure of such evidence, and for leave to appeal to the Court of Appeal.

 

11. Dong Shin F&T Co Ltd v. Hanmec Co Ltd [2010] 5 HKLRD 261: Sole counsel representing a defendant Korean company in an application to set aside leave granted to plaintiff Korean company to serve process out of jurisdiction in a claim of forgery.

 

12. Big Island Construction (HK) Ltd v. Wu Yi Development Co Ltd [2010] 2 HKC 356: Junior Counsel (led by Daniel Fung, S.C.) representing the plaintiff company in opposing leave for subpoena ad testificandum to be issued in a $100m debt claim.

 

13. Tsang Wai Lun Wayland v. Chu King Fai [2009] 5 HKLRD 105: Co-Counsel (with William Wong) representing a Hong Kong-listed company in a High Court trial concerning corporate governance, directors appointment and grant of share options.

 

14. Abbott GmbH & Co KG v. Pharmareg Consulting Co Ltd & Anr [2009] 3 HKLRD 524: Sole counsel representing a Hong Kong pharmaceutical company in resisting an injunction application for patent infringement on the basis of Swiss-type claims (i.e. second medical use claims) for the anti-obesity drug Reductil.

 

15. Re Grand Field Group Holdings Ltd [2009] 3 HKC 81: Co-Counsel (with William Wong) representing a Hong Kong-listed Company in resisting application for leave to commence derivative action under s.168BC of the Companies Ordinance.

 

16. Re Honeycool Refrigeration & Engineering Co Ltd [2009] 1 HKLRD 447; [2009] 2 HKC 514:  Sole counsel representing the respondent shareholder in an application to strike out a winding up and Section 168A Petition under the Companies Ordinance (Cap. 32).

 

17. Intelligent House Ltd v. Chan Tung Shing [2008] 5 HKC 390: Junior Counsel (led by Edward Chan, S.C.) representing a minority owner in 3 summonses concerning land compulsory sale under the Lands (Compulsory Sale for Redevelopment) Ordinance.

 

Other Cases

Other published court cases in which Benny Lo appeared as representing counsel may be found by searching the exact phrase “Benny Lo”, “Benny K.C. Lo”, “B. Lo”  and “盧君政” in the “Judgments” section of the Hong Kong Judiciary website (http://www.judiciary.gov.hk/).