Michael Lok

  • BCL (Oxon), Distinction, St John's College
  • LLB (LSE), First Class Honours, Top of Year
  • Island School, Hong Kong
  • Bar Scholarship
  • Charles Ching Memorial Scholarship

Profile

Michael Lok enjoys a broad civil and commercial practice, and appears regularly (both in his own right and as led junior) at the Court of First Instance and the Court of Appeal, including the conduct of a 6-day trial as sole advocate in the High Court within first year of practice.  Michael has also appeared (as second junior) before the Court of Final Appeal.  In addition, Michael was instructed to assist a trial which took place at the Supreme Court of Bermuda, and continues to be involved in arbitration proceedings at the HKIAC.  

Outside litigation, Michael is regularly instructed in non-contentious matters such as scheme of arrangement and restructuring, and frequently advises on multiple aspects of Hong Kong law, including questions in connection with listing applications at the Stock Exchange of Hong Kong (SEHK). 

After obtaining his LLB degree from the London School of Economics & Political Science (LSE) with First Class Honours and coming top of his year, Michael read for the BCL at Oxford, from which he graduated with Distinction, and was awarded the Sir Roy Goode Prize for BCL by St. John’s College.  Michael was awarded the Bar Scholarship and the Charles Ching Memorial Scholarship by the Hong Kong Bar Association in 2013.  Michael is also appointed as a Hong Kong law consultant to Hansheng Law Offices, Shanghai.  Michael joined Chambers after completion of pupillage with William Wong, SC, Jose-Antonio Maurellet (now Jose-Antonio Maurellet SC), Jenkin Suen and Derek CL Chan. Michael also served extended mini-pupillage in London, respectively with Robin Dicker QC (3-4 South Square) and Richard Snowden QC (Erskine Chambers), now Mr Justice Snowden.

Academically, Michael continues to assist Professor Sarah Worthington QC (Hon.) on the seminal Company law texts: Sealy and Worthington's Text, Cases and Materials on Company Law and Gower and Davies' Principles of Modern Company Law.  Michael serves as Contributing Editor of the Hong Kong Civil Procedure ('White Book').  Michael was also appointed Non-Clinical Lecturer of Law (in Business Associations) at the Law Faculty of the University of Hong Kong, and conducted an LLB Intense Course on Business Associations in Summer 2016.

 

Banking and Commercial

 

  • Secretary for Justice v. Global Merchant Funding Limited (2016) 19 HKCFAR 192 – a Court of Final Appeal decision on the proper construction of a transaction vis-à-vis the Money Lenders Ordinance (Cap. 163) (led by Simon Westbrook SC and with Derek CL Chan).
  • Crane World Asia Pte Ltd v Hontrade Engineering Limited [2016] 3 HKLRD 640 – a Court of Appeal decision on the scope of ‘without prejudice’ privilege (via an expedited interlocutory appeal) (led by Gerard McCoy SC and with Derek CL Chan).
  • Yu Hing Tong Ltd v. Fung Hing Chiu Cyril [2016] 5 HKLRD 567 – a first instance decision on the power of donee to commence proceedings pursuant to a power of attorney.
  • China Gold Finance Limited v. CIL Holdings Limited and others CACV 11/2015 – represented the plaintiff appellant in the recovery of a debt (led by William Wong SC and with Damian Wong).
  • Citibank, N.A. v. York Star Company Limited HCA 526/2016 – represented the plaintiff in the summary judgment application against debtor and guarantors.
  • DBS Bank (Hong Kong) Limited v. Hoiho PCB HK HCMP 1951/2016 – represented the plaintiff in enforcing outstanding indebtedness.
  • Union Bank of India v Taiyi Technology Group Co., Limited and Bank Sinopac HCA 1909/2016 – represented the plaintiff in an urgent Mareva injunction application arising out of an email/SWIFT fraud (led by Robert Pang SC).  Similar email/cyber fraud cases include Fives Services Australia Pty Ltd v. Edward Group Co., Ltd. HCA 240/2017; Gestion Manuia Inc. v. Netstarkong International Limited HCA 3064/2016; Andritz Asselin-Thibeau SAS v. Basile IMP. & EXP. Trading Co., Limited HCA 2692/2016.
  • China International Capital Corporation Hong Kong Securities Limited v. Lo Hung, Li Wing Sang, Zhang Jie HCA 2247-2249/2016 – represented the plaintiff in an urgent Mareva and/or worldwide Mareva injunction applications (led by William Wong SC).  
  • Haifa International Finance Ltd v. Concord Strategic Investments Ltd HCA 4442/2003 – represented the plaintiff in a 4-day trial for the recovery of a HK$30 million loan (led by William Wong SC).

 

Bankruptcy and Winding-Up Petitions

 

  • Re Sunfill Ltd HCCW 282/2013 – represented the liquidators in an application for an order that the compulsory winding up of the company be conducted as if the winding up were a creditors’ voluntary winding up, pursuant to section 209A of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) (led by Jose-Antonio Maurellet SC ).
  • Re Syed Ather Ali (ex p Habib Bank Zurich (Hong Kong) Limited HCB 6314/2016 – represented the petitioning bank in a bankruptcy petition.
  • Re Psons Ltd (ex p Bank of Baroda) HCCW 162/2016 – represented the petitioning bank in a winding-up petition.
  • Re Up Energy Development Group Ltd HCCW 91/2016 – represented the supporting creditor (Credit Suisse AG) in a winding-up petition.
  • Re Mulberry Silk Company Ltd (ex p Citibank, N.A.) HCCW 363/2016 – represented the petitioning creditor in a winding-up petition.
  • Re Anxin-China Holdings Ltd HCCW 317/2015 – represented the petitioning contributory in a winding-up petition.
  • Re Shang Lili HCB 5329/2014 – represented the petitioning creditor in a bankruptcy petition.
  • Re Tai Shing International (Holdings) Ltd HCCW 83/2014 – represented the respondent company in an application to strike out a winding-up petition (with Jose-Antonio Maurellet).

 

Other Company and Insolvency

 

  • The Joint Administrators of African Minerals Ltd (in administration) v. Madison Pacific Trust Ltd [2015] 4 HKC 215 – a decision on the scope of the common law power to provide cooperation to cross-border insolvency processes pursuant to a Letter of Request issued by the English High Court (led by William Wong SC).
  • Re Hong Kong Society of Congenital & Structural Heart Disease Ltd [2016] 5 HKLRD 117 – a decision on the Court’s discretion to ratify accounts of a company under the Companies Ordinance (Cap. 622) and relevant transitional provisions under the predecessor Companies Ordinance (Cap. 32).
  • Bay Capital Asia Fund, LP (in official liquidation) v. DBS Bank (Hong Kong) Ltd HCMP 3104/2015 – represented the Bank in respect of a foreign liquidator’s request for documents; a decision on the power to recognise cross-border insolvency processes.
  • Re Econtext Asia Ltd HCMP 541/2015 – represented the majority shareholder/offeror in a scheme of arrangement/reduction of capital application.
  • Re Hong Kong Mercantile Exchange Ltd HCMP 2900/2016 – represented the company to convene meeting of creditors in respect of proposed scheme of restructuring and reduction of capital.
  • Chu Kong v. Up Profit Ltd HCMP 305/2016 – represented the applicant for leave to commence a statutory derivative action pursuant to sections 732 and 733 of the Companies Ordinance (Cap. 622) (led by William Wong SC).
  • ICICI Bank Limited v. Shrenuj Far East Ltd HCMP 1302/2016 – represented the creditor bank and the receivers in proceedings against the debtor company (led by William Wong SC).
  • Re Fortune King Trading Limited HCCW 432/2012 – resisted an application under section 186 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) (led by William Wong SC).
  • Annuity & Life Reassurance Ltd v Kingboard Chemical Holdings Limited and Others [2015] SC (Bda) 76 Com – instructed to assist William Wong SC, admitted on ad hoc basis, in the Supreme Court of Bermuda in an unfair prejudice/shareholders' disputes trial.  

 

Land, Probate and Property

 

  • Chan Sang v. Chan Kwok [2015] 3 HKLRD 131 – a decision on common intention constructive trusts (with Jose-Antonio Maurellet).
  • Cornhill Enterprises Limited v. Leung Chun Sang and Others [2016] 2 HKLRD 1525 (CA) – a Court of Appeal decision on a discharged bankrupt’s locus standi to appeal.
  • Joint & Several Trustees of the Property of Chau Cham Wong Patrick v. Highmax Overseas Limited & Others HCB 549/2012 – represented the trustee of a family trust in proceedings commenced by the trustees-in-bankruptcy of the settlor of the trust (led by Clifford Smith SC).
  • Leung Pik Wa v. Poh Po Lian and Luck Continent Limited HCA 681/2011 – acted for the plaintiff (as administratrix of her late son’s estate) in a 8-day trial for the recovery of over 3 billion shares in a listed company (led by William Wong SC and with Connie Lee).

 

Private International Law/Arbitration

 

  • Gain Park Holdings Limited v. Eversino Investments Ltd HCA 1638/2013 – represented the defendants in resisting an application for stay of proceedings on the grounds of forum non conveniens and non-exclusive jurisdiction clause (with Jose-Antonio Maurellet).
  • Great Wall Pan Asia International Investment Company Limited v. Cervera Holdings Limited and others HCCT 13/2016 – represented a third party to vary a worldwide Mareva injunction order (led by William Wong SC).
  • Hong Kong Golden Source Ltd v. New Elegant Investment Ltd & Another HCCT 14/2014 – represented the applicant in enforcing a CIETAC arbitral award (led by William Wong SC and with Lawrence Cheung).
  • Prime Mont International Holding Company Limited v. BHR Investment Management Limited HCMP 524/2015 – represented the applicant in an application for urgent Mareva injunction in aid of contemplated arbitration proceedings (led by William Wong SC).

 

Miscellaneous

 

Defamation and Malicious Falsehood

 

  • Chan Yuk Lun v. Tse Yuen Ming Teresa HCA 310/2009; HCA 74/2011 – represented the defendant in a 6-day trial concerning defamation.
  • Wong Chun Tak v. Lam HCA 2334/2004 – represented the defendant in an action based on malicious falsehood.  

 

Intellectual Property, Media and Communications

 

  • Acron International Technology Limited v. Chan Yiu Wai, Law Sui Chun HCA 1709/2010 – represented the defendants in an intellectual property claim.
  • Lewis Road Creamery Ltd v. Keen Top International Ltd and Others HCA 1529/2015 – represented defendants to set aside default judgment and service out in proceedings based on passing off and instrument of deception (with Christopher Chain).  
  • Advised one of the largest PRC video streaming companies in relation to its broadcasting rights of a major sporting event (led by Patrick Fung SC).

 

Family/Matrimonial

 

  • LKY v YLP FCMC 4352/2013; FCMC 18284/2013 – represented the husband in a trial on ancillary relief (led by Robert Pang SC and with Anny Chak).
  • LCT v CHY and others FCMC 15794/2015 – represented the husband in the divorce proceedings (with Christopher Chain).

 

Shipping

 

  • Re M.V. “YONG FU” HCAJ 79/2015 – represented the Intervener bank in a default judgment application against the ship owners.
  • Chiyu Banking Corporation Limited v Owners of the Ship or Vessel “Yong Fu” and another HCAJ 25/2015 – represented the creditor bank  in a trial for outstanding indebtedness against the vessel owners. 

 

  • Bar Scholarship  
  • Charles Ching Memorial Scholarship  
  • Sir Roy Goode Prize for BCL, St. John’s College, Oxford  
  • Slaughter & May Prize for Best Overall Degree, LSE
  • Slaughter & May Prize for Best Performance in final year, LSE
  • Hogan Lovells Prize in Business Associations, LSE 
  • Member, Standing Committee on China Practice Development, Hong Kong Bar Association
  • Member, Standing Committee on Civic Education, Hong Kong Bar Association
  • Member, Young Barristers’ Committee, Hong Kong Bar Association
  • Non-Clinical Lecturer, Faculty of Law, University of Hong Kong
  • President, Island School Alumni Association
  • Associate Editor, Oxford University Commonwealth Law Journal
  • Head Boy, Island School
  • Contributing Editor of Hong Kong Civil Procedure (the “White Book”) (Sweet & Maxwell)
  • Research Assistant, ‘Sealy and Worthington's Text, Cases and Materials on Company Law’ and ‘Gower and Davies' Principles of Modern Company Law’
  • ‘Demystifying the Law of Unjust Enrichment’ (CPD seminar, with Martin Kok, Martin Ho and Jacqueline Law) (October 2014)
  • ‘Ring-fencing Domestic Property: Is there a solution?’ (CPD seminar, with Martin Kok and Jacqueline Law) (December 2014)