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, with a particular emphasis on banking, commercial, companies, insolvency and bankruptcy.

 

Michael 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. Michael also participates in arbitration proceedings at the HKIAC regularly.  

 

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 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 acted as marshall to Mr Justice Jonathan Harris and 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.  Michael is also the co-founder of the Company and Insolvency Law Society (COINS).

 

Banking and Commercial

 

  • Secretary for Justice v. Global Merchant Funding Limited (2016) 19 HKCFAR 192 (whether certain transactions fell within the definition of 'loan' under the Money Lenders Ordinance) (led by Simon Westbrook SC and with Derek CL Chan)
  • Crane World Asia Pte Ltd v. Hontrade Engineering Limited [2016] 3 HKLRD 640 (whether 'without prejudice' privilege should be lifted; 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 (whether donee properly commenced proceedings pursuant to a power of attorney)
  • Citibank, N.A. v. Midas Chemical (HK) Limited CACV 72/2017 (security for costs)
  • Citibank, N.A. v. York Star Company Limited HCA 526/2016 (summary judgment against debtor and guarantors; misrepresentation)
  • DBS Bank (Hong Kong) Limited v. Hoiho PCB HK HCMP 1951/2016 (procedural)
  • Citibank, N.A. v. KCL Chemical Limited HCA 1635/2016 (summary judgment against debtor and guarantors; misrepresentation; undue influence; non est factum; unconscionability)
  • CTBC Bank Co., Ltd. v. Gold China Industries Limited HCA 1733/2016 (summary judgment against debtor and guarantors; misrepresentation)
  • ICICI Bank Limited v. Shrenuj Far East Ltd HCMP 1302/2016 (appointment of receivers by creditor bank) (led by William Wong SC)
  • Union Bank of India v Taiyi Technology Group Co., Limited and Bank Sinopac HCA 1909/2016 (urgent Mareva injunction arising out of an email/SWIFT fraud) (led by Robert Pang SC).  
  • China International Capital Corporation Hong Kong Securities Limited v. Lo Hung, Li Wing Sang, Zhang Jie HCA 2247-2249/2016 (urgent domestic and worldwide Mareva injunctions) (led by William Wong SC)
  • Haifa International Finance Ltd v. Concord Strategic Investments Ltd HCA 4442/2003 (action for the recovery of a HK$30 million loan (led by William Wong SC)
  • Various 'email fraud' / cybercrime cases (involving urgent ex-parte Mareva and proprietary injunctions, Bankers Trust, Norwich Pharmacal and/or default judgment applications): Sino-American Silicon Products Inc. v. Lianyida International Co. Limited HCA 2058/2017; CTAP, LLC v. Thou Global Limited and Others HCA 1483/2017; Fives Services Australia Pty Ltd v. Edward Group Co., Limited 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
  • Fujifilm Hong Kong Limited v. Cheung and others HCA 1835/2017 (alleged misappropriation and conspiracy by employee; Mareva injunctions; Norwich Pharmacal applications)
  • Wilson Group Limited and others v. Au and others HCA 1296/2016 (alleged misappropriation of confidential information by employees; interlocutory injunction) (led by Winnie Tam SC and with Catrina Lam)

 

Bankruptcy and Winding-Up Petitions

 

  • Re Swindon Limited and Queens Limited HCCW 118-119/2017 (appointment of provisional liquidators) (with Sharon Yuen)
  • HSBC v. General Nice Development Limited HCCW 418/2016 (winding-up petition representing the petitioning bank) (led by Anson Wong SC)
  • Citibank N.A. v. Mulberry Silk Company Ltd HCCW 363/2016 (winding-up petition representing the petitioning bank)
  • Bank of Baroda v. Psons Ltd HCCW 162/2016 (winding-up petition representing the petitioning bank, Bank of Baroda)
  • Re Up Energy Development Group Ltd HCCW 91/2016 (winding-up petition representing the supporting creditor, Credit Suisse AG)
  • Re Anxin-China Holdings Ltd HCCW 317/2015 (winding-up petition representing the petitioning contributory)
  • Re Tai Shing International (Holdings) Ltd HCCW 83/2014 (application to strike out winding-up petition) (with Jose-Antonio Maurellet)
  • Re Sunfill Ltd HCCW 282/2013 (conversion of compulsory winding-up into voluntary winding-up under s.209A of CWUPO)(led by Jose-Antonio Maurellet SC)
  • Re Chiu Chi Hong (ex p Credit Suisse AG) HCB 104/2017 (bankruptcy petition representing the petitioning bank) 
  • Re Lau Yu (ex p HSBC) HCB 104/2017 (bankruptcy petition representing the petitioning bank) (led by Richard Khaw SC)
  • Re Syed Ather Ali (ex p Habib Bank Zurich (Hong Kong) Limited) HCB 6314/2016 (bankruptcy petition representing the petitioning bank)
  • Re Jie Ci Pok (ex p Citibank, N.A.) HCB 5356/2016 (bankruptcy petition representing the petitioning bank)
  • Re Tang Kan Shing (ex p Citibank, N.A.) HCB 5355/2016 (bankruptcy petition representing the petitioning bank)
  • Re Shang Lili (ex p Ang) HCB 5329/2014 (bankruptcy petition representing the petitioner)

 

Other Bankrupcy, Company and Insolvency

 

  • The Joint Administrators of African Minerals Ltd (in administration) v. Madison Pacific Trust Ltd [2015] 4 HKC 215 (cross-border insolvency; recognition; Letter of Request) (led by William Wong SC)
  • Re Hong Kong Society of Congenital & Structural Heart Disease Ltd [2016] 5 HKLRD 117 (Court’s discretion to ratify accounts of a company and to convene AGM under Cap. 622 and relevant transitional provisions under Cap. 32)
  • Re Amylinear International Limited and Amylin Enterprises Limited HCMP 3596-3597/2016 (leave to convene shareholders' meeting under section 570 of Cap. 622) (with Sharon Yuen)
  • Re Nanik Dayaram HCB 7651/2011 (application by trustees in bankruptcy under section 29 of Bankruptcy Ordinance)
  • Bay Capital Asia Fund, LP (in official liquidation) v. DBS Bank (Hong Kong) Ltd HCMP 3104/2015 (common law power to provide cooperation; whether necessary for foreign officer holder to seek recognition)
  • Re Econtext Asia Ltd HCMP 541/2015 (privatisation scheme of arrangement/reduction of capital)
  • Chu Kong v. Up Profit Ltd HCMP 305/2016 (leave to commence statutory derivative action pursuant to sections 732 and 733 of Cap. 622) (led by William Wong SC)
  • Re Fortune King Trading Limited HCCW 432/2012 (application under section 186 of 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 (common intention constructive trust) (with Jose-Antonio Maurellet) 
  • Cornhill Enterprises Limited v. Leung Chun Sang and Others [2016] 2 HKLRD 1525 (CA) (bankrupt’s locus stands to appeal)
  • Joint & Several Trustees of the Property of Chau Cham Wong Patrick v. Highmax Overseas Limited & Others HCB 549/2012 (family trust; claims brought by trustees-in-bankruptcy of settlor)
  • Leung Pik Wa v. Poh Po Lian and Luck Continent Limited HCA 681/2011 (action for recovery of 3 billion shares in a listed company) (led by William Wong SC and with Connie Lee)  
  • Lucy Michaels v Citybase Property Management Ltd and Another HCPI 899/2016 (action against property/hotel manager; striking-out)
  • Lucy Michaels v The Apex Horizon HCPI 900/2016 (action against property/hotel manager; striking-out)

 

Private International Law and Arbitration

 

  • Gain Park Holdings Limited v. Eversino Investments Ltd HCA 1638/2013 (stay of proceedings; forum non conveniens; 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 (variation of worldwide Mareva injunction) (led by William Wong SC)
  • Hong Kong Golden Source Ltd v. New Elegant Investment Ltd & Another HCCT 14/2014 (enforcement of 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 (Mareva injunction in aid of arbitral proceedings under section 45 of Arbitration Ordinance) (led by William Wong SC) 
  • HKIAC arbitration (dispute as to supply and sale of goods between a PRC company and a Japanese supplier)
  • HKIAC arbitration (dispute as to joint venture agreement between a worldwide high street brand and a PRC distributor) (led by William Wong SC)
  • HKIAC arbitration (dispute as to purchase and investment of shares) (led by William Wong SC)

 

Others

 

  • Cosimo Borrelli as Trustee of the SFC Litigation Trust v. Chan and Others HCMP 1987/2016 (committal for contempt; setting aside ex parte leave)
  • Chan Yuk Lun v. Tse Yuen Ming Teresa HCA 310/2009; HCA 74/2011 (defamation trial)
  • Wong Chun Tak v. Lam HCA 2334/2004 (malicious falsehood)
  • Acron International Technology Limited v. Chan Yiu Wai, Law Sui Chun HCA 1709/2010 (intellectual property)
  • Lewis Road Creamery Ltd v. Keen Top International Ltd and Others HCA 1529/2015 (intellectual property; passing off; instrument of deception) (with Christopher Chain)
  • LKY v YLP FCMC 4352/2013; FCMC 18284/2013 (matrimonial; trial on ancillary relief) (led by Robert Pang SC and with Anny Chak).
  • LCT v CHY and others FCMC 15794/2015 (matrimonial; divorce proceedings) (with Christopher Chain) 
  • Re M.V. “YONG FU” HCAJ 79/2015 (shipping; default judgment application against shipowners) 
  • Chiyu Banking Corporation Limited v Owners of the Ship or Vessel “Yong Fu” and another HCAJ 25/2015 (shipping; action for recovery of outstanding indebtedness)

 

Advisory Work

 

  • 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)
  • Advised a HK listed company on, inter alia, Chinese Medicine Ordinance and Chinese Medicines Regulation
  • Advised a HK listed company on, inter alia, Money Lenders Ordinance and Electronic Transactions Ordinance
  • Advised a HK listed company on, inter alia, potential breaches of government lease, occupation permit, deed of mutual covenant
  • Advised a HK listed company on, inter alia, trademark dispute and passing-off
  • Advised a HK listed company on, inter alia, Predecessor Companies Ordinance (Cap. 32)
  • Advised a listing applicant on Telecommunications Ordinance 

 

  • 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)