Martin Kok

  • BCL, University of Oxford (Distinction)
  • LL.B., University of Hong Kong (First Class) (Rank 1)
  • M.Sc., University of Oxford
  • Rhodes Scholar (2011)
  • Bar Scholar (2013)
  • Charles Ching Scholar (2013)

Profile

Martin is a Rhodes Scholar, and is also a Bar Scholar and a Charles Ching Scholar.  He obtained a Distinction in his postgraduate BCL degree at the University of Oxford, after he received First Class Honours in his LLB at the University of Hong Kong (ranking first in his year).  

He joined Des Voeux Chambers in 2014, and his practice covers both advisory and advocacy work in civil, public, and matrimonial law.  Apart from advocacy work at the various Court levels, Martin has handled a range of commercial arbitration cases, primarily before arbitral tribunals under HKIAC or UNCITRAL rules.  He has also provided expert opinion on Hong Kong law before the Supreme People’s Court of the PRC.

Martin is a part-time Lecturer (Non-Clinical) at the Department of Law of the University of Hong Kong.  His writings have appeared in publications ranging from the Restitution Law Review and the Journal of Intellectual Property Law & Practice.  

As from 2016, Martin serves as a Member to three Practice Area Committees of the Hong Kong Bar Association, namely the Committee on Companies Law, the Committee on Competition Law, and the Committee on Constitutional Affairs and Human Rights.

 

Selected Cases

Ageas Insurance Company (Asia) Ltd v. Lam Hau Wah Inneo CACV 65/2014 (9 January 2015) (led by Mr. Mark Strachan SC) – Court of Appeal – Contractual dispute between insurance company and former regional director and agency manager

The University of Hong Kong v. Hong Kong Commercial Broadcasting Co Ltd [2016] 4 HKLRD 113; [2016] 4 HKC 583 (Trial), [2016] 1 HKLRD 536; [2015] 6 HKC 677 (Interlocutory injunction) (led by Mr. Clifford Smith SC) – Court of First Instance – Injunction restraining for breach of confidence in connection with discussions in the Council of the University of Hong Kong

Leung Lai Kwok Yvonne v. The Chief Secretary for Administration and Ors. HCAL 31/2015 (5 June 2015) (led by Mr. Anson Wong SC and with Mr. Ernest Ng) – Court of First Instance – Leave application to apply for judicial review of decisions in relation to the public consultation on the method of electing the Chief Executive of the HKSAR

Sima Sai Er v. Next Magazine Publishing Ltd and Ors. HCA1500/2014 (8 August 2014) (led by Mr. Anson Wong SC) – Court of First Instance – Interlocutory injunction restraining publication of materials on the ground of breach of confidence/ misuse of private information

Relevant employees whose shares in China Shanshui Investment Company Limited held by Zhang Caikui on trust and Anor. v. Zhang Caikui and Anor. HCA 1661/2014 etc. (10 November 2017) (led by Ms. Winnie Tam SC) – Court of First Instance – application for joinder as an intervener or additional defendant

Chen Hongqing v. Mi Jingtian and Others [2018] HKCFI 1169 (led by Mr. Johnny Mok SC, and with Miss Stephanie Wong) – Court of First Instance – Application to discharge interim receivers appointed in aid of arbitration in the PRC

Re First Natural Foods Holdings Limited HCMP 205/2013 (17 February 2017) – Court of First Instance – Petition brought by SFC pursuant to S.214 of the Securities and Futures Ordinance (Cap. 571) in respect of the affairs of a Bermudan company listed in Hong Kong

Re China Fishery Group Ltd. and China Fisheries International Limited HCMP 367, 368/2015 (17 March 2016) (led by Mr. William Wong SC) – Court of First Instance – Application for the continuation of ex parte orders appointing provisional liquidators

Re Luen Tat Watch Bank Manufacturer Limited HCCW 497/2009 (27 November 2017) (led by Mr. Wong Yan Lung SC, Mr. William Wong SC, and with Mr. Alan Kwong) – Court of First Instance – Application for an order to stay the winding-up order against the company and to discharge the appointment of  liquidators

Ho Loy v. Director of Environmental Protection and Chief Executive in Council CACV 216/2014 (27 May 2016) (led by Mr. Anson Wong SC) – Court of Appeal – Application for an extension of stay of proceedings upon the filing of memorandum of notification legal aid application

Re CIF International Construction Co., Ltd. HCMP 3219/2016 (14 March 2017) – Court of First Instance – Application for removal and appointment of liquidators and for Lazarus Order to restore company under S.290 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32)

Lee Chick Choi v. Best Spirits Company Limited CACV 138/2015 (24 February 2017), CACV 25/2015 (22 June 2017) – Court of Appeal – Appeal against bankruptcy order and application for recusal of Judge to hear appeal, and striking out of appeal against Judge's dismissal of Statutory Demand

Nerium Biotechnology, Inc. and Ors v. Nerium International, LLC and Anor. [2018] HKCFI 674; HCA 1188/2016 (24 November 2016) (led by Ms. Winnie Tam SC) – Court of First Instance – Application for interlocutory injunction to restrain the infringement of registered trade mark, passing off and breach of contract

Hengshi International Investments Limited v. Bayspring International Ltd and Anor. HCMP 1916/2015 (18 December 2015, 17 and 21 March 2016) (led by Mr. Anson Wong SC) – Court of First Instance – Proprietary injunction in aid of arbitration and order for disclosure of bankers’ records in relation to loan and security arrangements

Dragon Success Enterprises Limited v. Aeso Holding Limited HCMP 1647/2017 (4 September 2017) (led by Barrie Barlow SC) – Court of First Instance – Application to appoint interim receivers over the entire shareholding of a wholly-owned subsidiary of a Hong Kong-listed company

Chen Ningning v. King & Wood (a firm) HCMP 163/2012 (21 March 2016) (led by Mr. Anson Wong SC) – Court of First Instance – Hearing of preliminary issues in originating summons in which plaintiff sought to tax bills issued by defendant firm

Liao Chen Toh v. Loyal International Enterprises Co. Ltd. HCA 2302/2014 (30 March 2016) (led by Mr. Anson Wong SC and with Mr. Benny Lo) – Court of First Instance –Application for proprietary injunction to restrain the dealing of monies transferred from companies’ bank account

Savills (Hong Kong) Ltd v. Kit Wang Group (China) Ltd. CACV 212/2015 (26 May 2016), HCA 1779/2014 (24 August 2015) – Court of Appeal & Court of First Instance – Appeals against the granting of summary judgment in dispute involving sale and purchase of property

Re Lee Siu Fung, Siegfried [2017] 1 HKLRD 1155 – Court of First Instance – Application for a private examination order under S.29 of the Bankruptcy Ordinance (Cap. 6)

Re CNT Group Limited HCMP 1454 & 2548/2017 (13 December 2017) (led by Mr. Anson Wong SC) – Court of First Instance – Application for leave to commence to commence derivative action and petition for unfair prejudice

Mayer Corporation Development International Limited v. Alliance Financial Intelligence & Ors. HCCL 2/2016 (11 August 2016) – Court of First Instance – Security for costs application in claim to set aside Court judgments in respect of dispute as to beneficial ownership of shares

Re L & A International Holdings Limited [2017] 3 HKC 507 (led by Mr. William Wong SC and with Miss Stephanie Wong) – Court of First Instance – Interlocutory injunction in relation to dispute over voting rights exercisable in Hong Kong-listed company

FT Life Insurance Company Limited v. Choy Hoi Yan Jacqueline HCA 1599/2014 – Court of First Instance – Civil Trial in relation to contractual dispute between insurance company and insurance agent

Yiu Wing Ching John v. ONC Lawyers (A firm) HCA 2823/2015 (13 July 2017) – Court of First Instance – Strike-out application on issue estoppel grounds in breach of confidence and fiduciary duties action 

Standard Chartered Bank (Hong Kong) Limited v. Ease Keen International Limited and Ors. HCA 1622/2016, HCMP 2687 & 2688/2016 (6 November 2017) – Court of First Instance – Applications for consolidation of actions and for the the conversion of OS into writ action

Thiess Mongolia LLC v. Mongolia Energy Corporation Ltd HCA 34/2016 (4 December 2017) (led by Mr. Clifford Smith SC) – Court of First Instance – Application for specific discovery in context of mining dispute

Citibank N.A. v. Hunter Socks & Apparel International Limited HCMP 2063/2016 (25 July 2017) – Court of First Instance – Application for leave to appeal against Judge's decision in relation to exclusive jurisdiction clause in favour of foreign Court

DBS Bank (Hong Kong) Ltd. v. Cheng Mei Ling and Ors HCMP 1825/2016 (21 September 2017) – Court of First Instance – Mortgage action by OS for delivery of vacant possession as against the registered owner and mortgagor, in which defendant raised defence of undue influence and applied for OS to be continued as if begun by writ

China CITIC Bank Corporation Limited (Quanzhou Branch) v. Li Kwai Chun and Ors [2018] HKCFI 1800 (led by Mr. Anson Wong SC) – Court of First Instance –  Applications for continuation and discharge of Mareva Injunction  

Canton Plus Enterprise Ltd and Anor v. Tong Zhenjun and Ors [2018] HKCFI 1402 (led by Mr. Anson Wong SC), [2018] 1 HKC 277 (with Ms. Rachel Lam) – Court of First Instance – Interlocutory injunction in relation to the inspection and disclosure of documents belonging to various shipping companies

Lau Wing Yan v. The Owners and/or Demise Charterers of the Ship or Vessel "BBG Glory" HCAJ 77-80/2017 – Court of First Instance – Application to vary costs order nisi

Smart Trike MNF Pte Ltd and Ors v. Chiu Sui Chun and Ors [2018] HKCFI 562 (led by Mr. Anson Wong SC) – Court of First Instance – Application for amendment of pleadings in copyright, breach of confidence, and breach of fiduciary duties claim

Ip Pui Lam Arthur and Another v. Ho Yuk Wah David (A Bankrupt) and Ors [2018] HKCFI 455 (led by Mr. William Wong SC) – Court of First Instance – Application to discharge proprietary injunction over funds allegedly held on trust 

Leung Kwok Chun v. SEAVI Advent Asia Investments (IV) Ltd HCSD 16/2016 (29 November 2016) (led by Mr. Richard Khaw SC) – Court of First Instance – Application to set aside statutory demand based on consent order

Re Leung Lai Hing Cindy HCB 777/2015 (3 April 2017) – Court of First Instance – Bankruptcy petition based on non-compliance with statutory demand and involving debtor's defence of undue influence

On Your Mart Co Limited v. Cosway (HK) Limited HCA 1060/2012 (28 July 2015) (led by Mr. Anson Wong SC) – Court of First Instance – Civil Trial involving contractual dispute in relation to courier service agreement

Ageas Insurance Co (Asia) Ltd v. Choy Hoi Yan, Jacqueline HCA 1599/2014 (unrep., 8 July 2016) – Court of First Instance – Contractual dispute in relation agent’s contract between insurance company and agent

Re Girolami QC [2017] 1 HKLRD 1226 (led by Mr. Richard Khaw SC) – Court of First Instance

Re David Gerard Goldberg QC HCMP 3016/2014 (9 December 2014) (led by Mr. Li Chau Yuen SC) – Court of First Instance

Wan Koon Wo v. Li Yin Nai and Anor. DCCJ 1994/2012 (22 July 2015) – District Court – a 12-day trial in relation to land boundary and party wall disputes in the New Territories

 

Commerical Arbitration and Tribunals

Commercial Arbitration – UNCITRAL Rules – Dispute as to the construction of contractual agreement governing public utility (led by Mr. Jonathan Crow QC and Mr. Anson Wong SC) (2016)

Commercial Arbitration – UNCITRAL Rules – Application to challenge the Arbitral Tribunal’s jurisdiction in the context of contractual dispute over hotel development in the PRC (led by Mr. Ambrose Ho SC) (27 August 2015)

Commercial Arbitration – HKIAC Rules – Substantive arbitration hearing in relation of breach of sales agent contract in air passenger services business (November 2017)

Commercial Arbitration – HKIAC Rules – Application to set aside interim injunctive relief to retrain removal of director 

Commercial Arbitration – HKIAC Rules – Emergency arbitration procedure in relation to interim relief to restrain disposal of shares and removal of directorship

Commercial Arbitration – HKIAC Rules – Contractual dispute in relation to the operation of a wharf business in the PRC

Administrative Appeals Board – Appeal in Yiu Wing Ching, John v. Privacy Commissioner for Personal Data AAB No.46/2014 against the decision of the Privacy Commissioner for Personal Data to terminate investigation (25 March 2015)

IBA Appeal Committee – Appeal from the decision of the Disciplinary Committee of the Professional Insurance Brokers Association in relation to charges of misconduct of financial adviser (29 January 2016)

Veterinary Surgeons Board – Disciplinary Inquiry hearing in relation to charges of administration of inappropriate dosage of medication and failure to compile appropriate or adequate medical records (21 September 2016)

Travel Industry Council Appeal Board - Appeal against TIC Compliance Committee in relation to decisions imposing penalties for contravention with Directive No. 157 (31 March 2017)

 

  • Rhodes Scholarship (2011)
  • Bar Scholarship (2013)
  • Charles Ching Memorial Scholarship (2013)
  • Joint Law Society of Hong Kong / Bloomsbury Book Prizes (2011)
  • Maxwell Law Prize (2011)
  • Association of China-Appointed Attesting Officers Scholarship (2011)
  • Hou De Charitable Foundation Scholarship (2010-2011)
  • M.W. Lo Memorial Scholarships (2007-2008, 2008-2009, 2009-2010)
  • Dean’s Honours List (2006-2007, 2007-2008, 2008-2009, 2009-2010)
  • Professor Dafydd Evans Memorial Scholarship (by the Class of 1972) (2009-2010)
  • Simon K Y Lee Medal in Law (2009-2010)
  • Deacons Prize in Law (2009-2010)
  • Haldanes Moot Cup (2009)
  • HSBC Hong Kong Scholarship (2008-2009)
  • Lovells Scholarship in Law (2008-2009)
  • Mr. Alan Leong S.C.’s Chambers Scholarships in Public Law (2007-2008)
  • Des Voeux Chambers Junior Scholarship (2007-2008)
  • Kai Chong Tong Scholarships (2007-2008)
  • Peter Willoughby Memorial Prize for Criminal Law (2007 – 2008)
  • Linklaters Prize for Overall Excellence in Law (2006-2007)
  • Ho Fook Prize (2006-2007)
  • Committee Member, Committee on Companies Law, Hong Kong Bar Association (2016 - present)
  • Committee Member, Committee on Competition Law, Hong Kong Bar Association (2016 - present)
  • Committee Member, Committee on Constitutional Affairs and Human Rights, Hong Kong Bar Association (2016 - present)
  • Lecturer (Non-Clinical), Department of Law, The University of Hong Kong (2015 - present)
  • Coach, Mooting and Dispute Resolution Programme, The University of Hong Kong (2014 - present)
  • Committee Member, Oxford Lawyers without Borders (OxLWOB) (2012-2013)
  • Editor, Hong Kong Journal of Legal Studies (HKJLS) Editorial Board (2007-2009)
  • Committee Member, Equal Opportunity Committee, The University of Hong Kong (2009)
  • Contributing Editor of Hong Kong Civil Procedure (the “White Book”) (Sweet & Maxwell)
  • “The Rule in Seldon v Davidson and the “Absence of Basis” Approach Revisited in Hong Kong” [2015] Restitution Law Review, Vol. 23, 128 (co-authored with Kelvin Kwok)
  • “The storm over a teacup: Hong Kong top court clarifies IP law” Journal of Intellectual Property Law & Practice (2016) 11 (6): 408-410 (co-authored with Stephanie Wong)
  • “Substance and Procedure in the Hong Kong Conflicts of Laws: Redrawing the Boundaries and Affording Substance to ‘Substance’” (2011) 5 HKJLS 109
  • “Insolvency Proceedings and Liquidation Works” (2016) ALE Seminar (with Linda Chan, S.C., Eva Sit, and Vincent Chen)
  • “Minority Shareholders’ Remedies” (2017) CPD Seminar (with Stephanie Wong)
  • “Injunctions: Holding the Ring in Commercial Litigation” (2017) CPD Seminar (with Stephanie Wong)
  • “Unlocking the Law of Restitution” (2017) CPD Seminar (with Stephanie Wong)
  • "Litigating Trade Mark and Passing-Off Disputes" (2017) CPD Seminar (with Stephanie Wong)
  • “Breach and Confidence and Misuse of Private Information in Hong Kong” (2016) CPD Seminar (with Stephanie Wong)
  • “Demystifying the Law of Unjust Enrichment” (2014) CPD Seminar (with Martin Ho, Jacqueline Law and Michael Lok)
  • “Ring-fencing Domestic Property: Is there a solution?” (2014) CPD Seminar (with Jacqueline Law and Michael Lok)