Jenkin Suen

  • LLB (HKU)
  • PCLL (HKU)
  • BCL (Oxon)

Profile

Jenkin Suen read BCL at the University of Oxford (as a recipient of the Sir Edward Youde Memorial Fellowship for Overseas Studies). Before joining the Bar, Jenkin was attached with the Hong Kong and Beijing offices of Clifford Chance, a leading global law firm. Jenkin has established a solid and vibrant practice, advising and appearing frequently in commercial and chancery disputes, land law and public law litigation. He appears as an advocate, both led and unled, in commercial trials and applications, judicial reviews, administrative/regulatory proceedings, arbitrations and appeals to the Court of Appeal and the Court of Final Appeal.

In terms of commercial practice, Jenkin appears mostly in company, insolvency, banking, trust, contract, land and planning disputes. He regularly acts for banks, commercial conglomerates and liquidators in interlocutory applications. He also appears frequently in court trials for developers (e.g. representing Cheung Kong group in a land trial led by Wong Yan-lung SC), insurance companies (e.g. representing AXA group in two trials, led by Wong Yan-lung SC and also on his own), banks (e.g. representing Hang Seng Bank), hotels (e.g. representing a Jamaican hotel group in a trial on Quistclose trust) and private individuals (e.g. representing Ian Fok in disputes concerning the Henry Fok estate/companies, led by Warren Chan SC, Johnny Mok SC and/or Ronny Tong SC).

In his public law and regulatory practice, Jenkin advises and represents a wide range of Government officials/bureau (including the Chief Executive (CE), the CE in Council, the Secretary for Justice (SJ), the Secretary for Development, the Secretary for Home Affairs, the Director of Lands, the Building Authority, the Land Registry, the Commissioner for Transport, the Director of Social Welfare and the Registrar of Companies), public bodies (including the Town Planning Board (TPB), the Securities and Futures Commission, the Official Receiver, the Housing Authority, the Medical Council and the Law Society Council) as well as private litigants. He also appears (both led and unled) in planning disputes for the TPB. More recently, Jenkin appears for the CE and SJ (led by Benjamin Yu SC and Johnny Mok SC) in disputes regarding the 2016 Legislative Council election (CE & SJ v President of the Legislative Council [2017] 1 HKLRD 460 (CA) & [2016] 6 HKC 417 (CFI)), and the TPB (led by Johnny Mok SC) in a landmark decision on protective costs order (PCO) (Designing Hong Kong Ltd v TPB, CACV 184/2015).

Alongside his private practice, Jenkin has written extensively in the legal field. He is the co-author of Shareholders’ Rights and Remedies in Hong Kong (2011), the first practitioner text on the law of shareholders’ remedies in Hong Kong. He is also the contributing author of Company Law in Hong Kong - Practice and Procedure and a contributing editor of Hong Kong Civil Procedure since 2007.

 

  • Chairman, Appeal Tribunal Panel (Buildings)
  • Council Member, The Bar Council, 2007-2009
  • Chairman, Young Barristers Committee, 2007-2009

Banking/ Commercial/ Trust

  • Integrity Financial Advice Network Co Ltd v Chu Yau Shun, HCA 623/2012. Trial on misrepresentation and claw-back in agency contract.
  • Integrity Financial Advice Network Co Ltd v Lau Kong Kei, HCA 2165/2011. Trial on misrepresentation and claw-back in agency contract. Led by Wong Yan-lung SC.
  • Eminent Investments (Asia Pacific) Ltd v DIO Corporation, HCA 1292/2011. Trial concerning misrepresentation, repudiation and construction of financial advisory agreement.
  • Leung Wan Kee Shipyard Ltd v Dragon Pearl Night Club Restaurant Ltd [2016] 1 HKLRD 657. Question of damages after trial.
  • Leung Wan Kee Shipyard Ltd v Dragon Pearl Night Club Restaurant Ltd, HCA 1288/2010. Trial on shipbuilding contract.
  • Hang Seng Bank Ltd v Gaintex Garment Company Ltd, HCA 1789/2011. Trial on assignment of debts.
  • Sanctuary Systems Ltd v Orient International Holdings Hong Kong Co Ltd, HCA 479/2010. Trial on claim for Quistclose trust.  
  • Chinachem Financial Services Ltd v Century Venture Holdings Ltd, HCA 410/2013. Application for stay of proceedings. Led by Edward Chan SC.
  • Lim Yi Shenn v Wong Yuen Yee, HCA 1323/2010. Trial on misrepresentation.
  • Chinachem Financial Services Ltd v Century Venture Holdings Ltd [2014] 2 HKLRD 557. Trial on waiver of legal privilege. Led by Edward Chan SC.
  • Melvin Waxman v Li Fei Yu [2013] 3 HKLRD 711. Striking-out and stay application. Led by Paul Shieh SC.
  • PEWC v Harmutty Ltd, HCCL 18/2009. Trial on breach of fiduciary duties. Led by Charles Hollander QC. 
  • Nantong v Hellmann, HCA 117/1994 & CACV 106/2011. Trial on contract of carriage.
  • Wong Kwok Learn Baldwin v International Trading Co Ltd [2010] 2 HKLRD 334 (CA). On resulting trust and illegality. Led by Horace Wong SC.
  • Wing Hang Credit Ltd v Hui Chun Kit, HCMP 732/2009. Trial on mortgagee action.
  • A v R [2009] 3 HKLRD 389. Enforcement of arbitral award under the New York Convention.

 

Companies

  • Fok Chun Yue Benjamin v Yau Wing Co Ltd, HCMP 3250/2015. Leave application for statutory derivative action. Led by Warren Chan SC.
  • Hansen International Ltd v High Fashion Apparel Ltd, HCA 1724/2014. Interim injunction against removal of CEO. Led by Johnny Mok SC, with Ebony Ling.
  • He Jiping v Wang Shenping, HCA 200/2005. Trial on ownership of shares. With Justin Lam.
  • Hung Wing San Tony v Koo Shing Sun, HCCW 350/2011. Trial on unfair prejudice petition. With Ebony Ling.
  • Poon Ka Man Jason v Cheng Wai Tao, HCA 304/2011. Trial on derivative action and specific performance of contract. Led by Paul Shieh SC.
  • Re Sanliuyidu (Hong Kong) Sports Goods Co Ltd [2009] 4 HKLRD 708. Applications under sections 111 and 122 of the former Companies Ordinance (Cap. 32).
  • Ng Wai Ling v Chan Ping Fai Ricky [2009] 1 HKLRD 447. Defending a striking out application in a minority shareholders’ action.
  • Re Chime Corp Ltd (2004) 7 HKCFAR 546. On scope of relief of unfair prejudice petition. Led by Robert Hildyard QC.

 

Insolvency/ Bankruptcy

  • Re Chin Wai Kay Geodie, HCB 7469/2010. Application for order against automatic discharge from bankruptcy.
  • Hung Tuk Yee v Hong Kong Housing Society [2015] 2 HKLRD 737 (CA). Appeal against bankruptcy order.
  • Re MF Global Hong Kong Ltd [2012] 5 HKLRD 486. On ad valorem fees and construction of “liquidator” under the former Companies Ordinance.
  • Re Lehman Brothers Securities Asia Ltd (No 2) [2010] 1 HKLRD 58.
  • Re Sweetmart Garment Works Ltd [2009] 5 HKLRD 220). Led by Jat Sew-Tong SC.

 

Land/ Planning matters

  • Cheung Wah Nin v The Land Registry [2016] 5 HKLRD 356. On registrability of deeds of licence. Led by Johnny Mok SC.
  • Join Union Investment Ltd v China Tree Investment Ltd [2016] 2 HKLRD 901. Trial on conveyancing dispute.
  • Hilder Company Ltd v Wong Yat Yau [2015] 2 HKLRD 391. Adverse possession case.
  • Yeung, Abraham v Sun King Kai, HCA 413/2015. Adverse possession case.
  • Simon Christopher Donowho v Giles Wong, LDBM 136/2014. Costs of stay application. Led by Raymond Leung SC.
  • Cheermark Investment Ltd v Director of Lands, LDLR 2/2013. Land resumption case.
  • Eltron Development Ltd v Director of Lands, LDLR 4/2013. Land resumption case.
  • Realray Investments Ltd v Teng Hung Ping, HCMP 3190/2013. Committal proceedings for breach of injunction.
  • Fully Profit (Asia) Ltd v The Secretary for Justice (2013) 16 HKCFAR 351 (CFA), [2012] 1 HKLRD 1003 (CA), [2011] 3 HKLRD 434. On construction of restrictive covenant in Government lease. Led by Audrey Eu SC.
  • HSBC Private Trust (Hong Kong) Ltd v Au Yeung Chung, CACV 69/2008 (CA), HCA 1662/2001 (CFI). Trial on adverse possession dispute. Led by Clifford Smith SC (CA).

 

Public law/ Statutory construction

  • Designing Hong Kong Ltd v Town Planning Board, CACV 184/2015. On jurisprudence and practice regarding protective costs order (PCO) applications in the Hong Kong context. Led by Johnny Mok SC.
  • CE & SJ v President of the Legislative Council [2017] 1 HKLRD 460 (CA), [2016] 6 HKC 417 (CFI). Judicial Reviews and Injunctions concerning oath-taking by members of the 2016 Legislative Council election. Led by Benjamin Yu SC and Johnny Mok SC.
  • Yau Ka Po v Chief Executive in Council, HCAL 221/2015. On rezoning of greenbelts. Led by Johnny Mok SC.
  • Yau Ka Po v Town Planning Board, HCAL 67/2015. On rezoning of greenbelts. Led by Johnny Mok SC.
  • Dr U v The Preliminary Investigation Committee of the Medical Council [2016] 4 HKLRD 31. On construction of the Medical Practitioners (Registration and Disciplinary Procedure) Regulation. Led by Stewart Wong SC.
  • Li Wai Hung Cesario v Administrative Appeals Board, CACV 250/2015 (CA), [2015] 5 HKLRD 575 (CFI). Judicial review on mahjong parlour licence.
  • Ng Hon Keung Tommy v The Public Officer [2015] 5 HKLRD 278. Judicial review on mahjong parlour licence.
  • Kwong Wing Kie v Licentiate Committee of the Medical Council of Hong Kong, CACV 206/2014 (CA), HCAL 121/2012 (CFI). Judicial review on eligibility for professional examinations.
  • Lo Kwok Kuen Danway v Secretary for Justice, DCCJ 2792/2013, HCMP 1426/2016. Construction of Pension Benefits Ordinance.
  • Siano, Clare Podsok v Liquor Licensing Board, HCAL 97/2012. Judicial review on refusal of liquor licence.
  • Wong Kam Wah v Fishermen Claims Appeal Board, HCAL 96/2011. Judicial review concerning Government’s ex gratia allowance scheme.
  • Kwok Cheuk Kin v Commissioner for Transport, HCAL 41/2011. Judicial review on legitimate expectation on ferries pricing. Led by Stewart Wong SC.
  • Ling Yee Kui v Secretary for Justice, HCAP 4/2010. On construction of the Intestates’ Estates Ordinance. Led by Audrey Eu SC.
  • Super Cruise Ltd v The Registrar of Companies, HCMP 1893/2009.

 

Employment

  • CEI Conrad Electronic International (HK) Ltd v Mahir Emrah Karakoc, HCA 995/2016. Application for interim prohibitory interlocutory injunction on restraint of trade and confidentiality clauses.
  • Union Knopf (HK) Ltd v Marcel Sossnowski, DCCJ 680/2010. Trial on breach of fiduciary duty and restraint of trade covenant.

 

Defamation

  • Mok Kam Kwai v Lam Mo Fat, HCA 1868/2010. Trial on defamation.
  • Probates
  • Kwok Shuk Kuen Maria v Li Wun, HCAP 8/2011. Trial on validity of Will.

 

Publications, Lectures and Talks

  • Co-Author of Shareholders’ Rights and Remedies in Hong Kong (LexisNexis, 2011)
  • Contributing Author of Company Law in Hong Kong - Practice and Procedure (Sweet & Maxwell)
  • Contributing Editor of Hong Kong Civil Procedure (since 2007)
  • Speaker on various topics (e.g. company law and land law) in seminars

 

 

  • Hong Kong Middle Temple Society Advocacy Scholarship
  • Des Voeux Chambers Scholarship
  • Sir Edward Youde Memorial Fellowship for Overseas Studies
  • Simon KY Lee Medal in Law
  • The Hong Kong University Alumni Prize
  • Sir Man Kam Lo/Jardine Scholarship
  • King Edward VII Scholarship
  • Li Po Chun Scholarship
  • Johnson, Stokes & Master Scholarship in Law
  • Lovell White Durrant Scholarship in Law
  •  Co-Author of Shareholders’ Rights and Remedies in Hong Kong (LexisNexis, 2011)
  • Contributing Author of Company Law in Hong Kong - Practice and Procedure (Sweet & Maxwell)
  • Contributing Editor of Hong Kong Civil Procedure (2007 till now)
  • Speaker on “Practice and Procedure of Minority Shareholder Remedies”, “The Law and Practice of Meetings” and “Schemes of Arrangement” in various seminars hosted by LexisNexis and the Hong Kong Institute of Chartered Secretaries