John Hui

  • BCL (Oxon)
  • LLB (HKU)
  • BBA (Law) (HKU)

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John Hui joined Des Voeux Chambers as a tenant in 2008. He has a broad civil practice encompassing major areas including public, commercial and corporate law. He had advised on a wide range of commercial matters concerning broadcasting, telecommunications, finance and securities, insurance, shipping, civil fraud, conflict of laws and jurisdiction. 

John obtained a distinction in the competition law paper in his BCL degree. He has been actively developing a competition law practice in Hong Kong. In 2015, he acted as junior counsel for the Communications Authority in Hong Kong (led by Mark Hoskins QC from Brick Court Chambers in London and Johannes Chan SC from Denis Chang’s Chambers) in a judicial review, culminating in the Honourable Mr Justice G Lam’s judgment in Television Broadcasts Limited v Communications Authority & The Chief Executive in Council [2016] 2 HKLRD 41, a landmark decision in Hong Kong discussing the general principles of competition provisions and other important issues such as the standard of proof in competition law proceedings. In January 2016, he was appointed to the Hong Kong Competition Commission’s Panel of External Counsel. In October 2016, he was selected by the Hong Kong Bar Association to undertake a secondment at Brick Court Chambers , a leading London set specialising in competition law.

John has acted in a number of high profile cases such as the Bawang defamation trial, a number of judicial reviews concerning the television broadcasting industry, and a high value Mareva injunction application freezing over €335 million worth of assets. 

Apart from court litigation, John regularly handles international arbitration matters under the HKIAC/UNCITRAL rules. 

Administrative and Public Law:

  • Television Broadcasts Limited v The Communications Authority & The Chief Executive in Council HCAL 176/2013 (CFI) (Junior Counsel for Communications Authority) – Judicial review concerning (i) whether a finding of breach of the competition provisions in the Broadcasting Ordinance engages Articles 10 and 11 of the Hong Kong Bill of Rights, and (ii) the Communications Authority’s substantive findings on competition law issues.
  • Asia Television Limited v Communications Authority FAMV 23/2013 (CFA), [2013] 3 HKLRD 618 (CA), HCAL 77/2012 (CFI) (Junior Counsel for Communications Authority) – successfully defended a judicial review against the Communications Authority in relation to a report publishing its investigation against the Applicant. The Court of Appeal’s judgment in [2013] 2 HKLRD 354 is the leading authority on hearing in camera.
  • Asia Television Limited v Chief Executive in Council [2012] 3 HKLRD 1 (CFI) (Junior Counsel for the Interested Party) – Leave application concerning the recommendation for granting new television licenses.
  • Sanyuan Group Limited v The Stock Exchange of Hong Kong Limited FAMV 52/2009 (CFA),[2009] 5 HKC 124 (CA), [2008] 4 HKC 367 (CFI) (Junior Counsel for the Hong Kong Stock Exchange) – successfully defended a judicial review against the Stock Exchange's decision to delist a company listed on the main board.
  • Hong Kong Aircrew Officers Association v The Director-General of Civil Aviation HCAL 96/2008 (CFI) (Junior Counsel for the Applicant) – judicial review against the Director-General for allowing a dispensation of the three-pilot requirement for a long haul flight

 

Company and Corporate Insolvency:

  • Re Anxin-China Holdings Limited HCCW 317/2015, Re China Solar Energy Holdings Limited HCCW 108/2015, Re K Vision International Investment (H.K.) Limited HCCW 282/2011, Re Unisign Limited HCCW 325/2010 Re Silver Yield Industries Limited HCCW 353/2009, Re CASSIS Limited HCCW 560/2008 – Applications for appointment of provisional liquidators
  • Re China Fishery Group Limited – acted as expert in Hong Kong law in provisional liquidators proceedings in the Cayman Islands
  • Re Ruifeng Petroleum Chemical Holdings Limited HCCW 280/2013, Re First Natural Foods Holdings Limited HCMP 350/2012 – Schemes of arrangement for insolvent listed companies
  • Re Dong Yick Chemical Company Limited HCCW 60/2015, Re Polywell Pacific Limited HCMP 440/2015, Re Jing Jin Travelling Bags Manufactory Limited HCCW 359/2011, Re Globe Industrial Technology Company Limited HCMP 189/2011, Re 2I Dental Centre Limited HCMP 712/2009 – Unfair prejudice / just and equitable winding-up petitions
  • Re Win Star Toys Manufactory Limited HCMP 1403/2015, Re Hub Global Freight Solutions (HK) Limited HCMP 670/2012 – applications for disclosure of corporate books and records pursuant to section 740 of the Companies Ordinance
  • Li Xiao Yun v China Gas Holdings Limited [2015] 5 HKLRD 845 (CA), HCCL 18/2011 (CFI) (Junior Counsel for the Defendant) – claim by former directors pursuant to the company’s share option scheme
  • Re Grand Field Group Holdings Limited [2009] 5 HKLRD 105 (Junior Counsel for the Defendants) – leading authority on the proper purpose doctrine in directors’ exercise of power
  • Re OASIS Growth Income Investments Limited HCCW 133/2008 (Junior Counsel for HK Aircraft Engineering Co Ltd) – claim in common law possessory lien over aircrafts
  • Re Seamless Green China (Holdings) Limited HCA 2114/2009, HCA 2441/2009 – injunction against the voting rights of shares in a listed company
  • Re Creative China Limited [2014] 1 HKLRD 1108 (CFI) – derivative action concerning a BVI company

 

Commercial, Financial and Regulatory Law:

  • LIXIL Corporation v Cai Jianshe HCMP 1860/2015 – Mareva injunction under section 21M of the High Court Ordinance, freezing over €335 million worth of assets in Hong Kong
  • Compania Sud Americana de Vapores S.A. v Hin-Pro International Logistics Limited [2015] 2 HKLRD 458 (CA), HCMP 1449/2014 (CFI) – Mareva injunction under section 21M of the High Court Ordinance in aid of an English legal action for breach of jurisdictional agreement, Mareva injunction against non-parties, appointment of interim receivers
  • Dexia SA/NV v Epic Investments SA HCMP 1859/2013 – successfully discharged a Mareva injunction obtained pursuant to section 21M of the High Court Ordinance which sought to freeze over €62 million worth of assets
  • Husqvarna AB (Publ) v Freyer Power Technology Limited HCA 529/2016,Labuan INS International Trust Limited v Achiever Shanghai Limited HCA 941/2014, Johann Young v Vermont Silicon Inc. HCA 1886/2012, Hextronik Limited v Sky RC Model Mfg. Limited HCA 1384/2012, Valetal Global Communications, Inc. v Chinacomm Ltd. HCA 1978/2011, Sino Resources Group Limited v Hung Chen Richael HCA 2477/2009 – Mareva injunction applications
  • China Metal Recycling (Holdings) Limited v Chun Chi Wai & Others HCA 1412/2013 – represented one of the defendants in a claim over HK$1.2 billion commenced as a result of the SFC’s investigation of a listed company
  • Basab Inc. v Superb Glory Holdings Limited HCA 6/2014 – represented the receivers appointed under a debenture in a claim for selling the security at an undervalue
  • Re China Best Group Holding Limited HCMP 745/2013, Re First China Financial Network Holdings Limited HCMP 2502/2012 – directors’ disqualification proceedings under section 214 of the Securities and Futures Ordinance
  • Fubon Bank (Hong Kong) Ltd v First Prime Group Ltd [2009] 4 HKLRD 283 – represented victims of international investment fraud, applied for a Mareva injunction over money held in a bank
  • Ford Union Limited v National Australia Bank Limited HCA 1800/2009 (Junior Counsel for the Plaintiff) – claim for negligent financial advice

 

Other Notable Cases:

  • Bawang International (Group) Holding Limited v Next Magazine Publishing Limited HCA 1109/2010 (Junior Counsel for the Plaintiffs) – Defamation claim of over RMB500 million in loss of business profits
  • Super Worth International Limited v ICAC [2016] 1 HKLRD 281 (CA) HCMP1320/2012 (CFI) – leading Hong Kong authority on (i) the applicable law of legal professional privilege and (ii) whether legal professional privilege should be extended to accountants advising on tax law
  • Wong Kam Fung v Smart Profit Enterprises Ltd [2014] 5 HKLRD 853 (CA), HCMP346/2014 (CFI) – Purchaser’s lien in conveyancing transactions
  • Tullet Prebon (Hong Kong) Limited v Chan Yeung Fong Nick & Others HCA 2197/2009 (Junior Counsel for the Plaintiff) – represented an international brokerage group in a claim totalling over HK$10 million for wrongful termination of employment agreement and poaching of employees by competitors
  • Tadjudin Sunny v Bank of America [2009] 4 HKLRD 662 (Junior Counsel for the Defendant) – represented the bank in a claim involving a novel issue of whether an anti-avoidance provision can be implied into an employment contract
  • Panel of External Counsel – Competition Commission (2016)
  • Member of the Publications Sub-Committee of the Hong Kong Bar Association (2012)
  • John regularly lectures at CPD Courses for solicitors in Hong Kong
  • The Middle Temple Scholarship (2008)
  • Peter Vine Postgraduate Law Scholarship (2006)
  • Baker & McKenzie Prize in Company Law (2005)
  • Johnson, Stokes and Master Scholarship (2004)