Tom Ng

  • BCL (Dist.) (Oxon.)
  • LLB & BBA (Law) (1st Class Hon.) (HKU)
  • Bar Scholar (2015)
  • Charles Ching Scholar (2016)
  • FHKIArb

Year of call

  • 2016

Practice area

Banking
Conveyancing and Property
Defamation
Employment
Media and Entertainment
Regulatory
Shipping and Insurance
Trust and Probate
 

Profile

Tom Ng is a Bar Scholar and a Charles Ching Scholar. He joins Chambers as a tenant after completion of his pupillage with Mr. Jose-Antonio Maurellet S.C., Mr. Bruce Tse, Mr. John Hui and Mr. Christopher Chain. Tom has appeared in courts as sole advocate or led junior, and is developing a broad civil and commercial practice, with a particular focus on company and insolvency work as well as trust and probate matters. He is also a Fellow of the Hong Kong Institute of Arbitrators.

Prior to joining the bar, Tom obtained his BCL (Distinction) from the University of Oxford in 2015 and his LLB (1st Class Honours, ranking first in his class) from the University of Hong Kong in 2013. He was a Marshall to Mr. Justice Anselmo Reyes of the Court of First Instance in 2009 and to Sir Colin Birss of the English Chancery Division in 2014.

Tom has published more than 10 items in overseas and local peer-reviewed journals, including the Law Quarterly Review and the Cambridge Law Journal. His publications have been referred to by practitioners’ texts such as Chitty on Contracts (Volume 2, 32nd edn., 2015, at [34-409]) and Clerk & Lindsell on Torts (21st edn., 2014, at [16-01] and [16-62]). He has also made various submissions to the SFC in response to its public consultation.

  • Part-time tutor in equity and trust, HKU (2016 – 2017)
  • FHKIArb


Company and insolvency

  • Re Allied Weli Development Ltd (CACV 58/2016, 18 July 2017) (sole advocate before the Court of Appeal: whether the court has jurisdiction to wind up a foreign company)
  • Re Kaisa Group Holdings Ltd [2017] 1 HKLRD 18 (Scheme of arrangement: application for sanction by non-Hong Kong company)
  • Re Lucky Resources (HK) Ltd [2016] 4 HKLRD 301 (Petition to wind-up company based on an arbitration award)
  • Re CIF International Construction Co Ltd (HCMP 3219/2016, 14.3.2017) (Application to declare dissolution void and removal of liquidator)
  • Re new Resources Holdings Ltd (HCMP 2985/2014, 8 June 2017) (whether transfer of shares to be registered)
  • Dennis Kwok v Poon Sui Cheong (HCMP 1526/2013) (Unfair prejudice: consequential relief and directions; stay of execution; leave to appeal)
  • Company resisting directions sought by receivers (May 2016) (CFI, led by Mr. Jose Maurellet; whether properties belong to third parties)
  • Application for validation order under s.182 of Cap.32 (July 2016) (CFI, sole advocate; whether post-petition sale and purchase agreement specifically enforceable)
  • Winding-up petition: for petitioner (August 2016; March 2017) (CFI, sole advocate; whether further evidence allowed to show that Company contracted as agent)
  • Unfair prejudice and just and equitable winding-up petition (August 2016) (CFI, sole advocate)
  • Resisting an application to stay actions after winding-up petition (Before Master, sole advocate)
  • Shareholder’s application for document under s.740 CO (CFI, sole advocate)

General civil and commercial, and asset tracing

  • Mi Jingtian v Stephen Liu & China Shanshui Cement Group Ltd (HCA1103/2017, 24 May 2017) (whether interim injunction to be ordered against a listed company and its chairman based on alleged defamation)
  • PAG Holdings Ltd v Gorthy (HCA 3040/2016, HCMP 282/2017, 21 July 2017) (application for anti-suit injunction and stay in favour of arbitration)
  • Application for Mareva injunction in addition to existing proprietary injunction (April 2016) (CFI, sole advocate; whether a debtor of the injuncted defendant may pay the debt to him direct)
  • Ex parte application for Mareva injunction against third parties (June 2016) (CFI, led by Mr. Christopher Chain; service of third parties whose addresses are unknown)
  • Application for bankers’ books order against bankers of third parties (June 2016) (CFI, sole advocate; whether order may be made against banks of non-parties)
  • Franchisee dispute: enforcement of Tomlin Schedule (Nov, Dec 2016 and Mar 2017) (CFI, led by Mr. Anson Wong S.C.; whether Defendant to make payment into court)
  • Mareva injunction and asset preservation injunction (December 2016) (CFI, sole advocate; email fraud case)

Trust and probate

  • Re Fortune King Trading Ltd (HCCW 432/2012, 19 May 2017) (whether company held asset on trust)
  • Cheung Ping Sum v Wong Chi Hang (HCMP 1490/2016, 15.7.2016) (Application for quia timet injunction against eviction by administrator of the estate)
     
  • Bar Scholar
  • Charles Ching Scholar
  • Sir Edward Youde Memorial Fellowships
  • Peter Vine Postgraduate Law Scholarships
  • Des Voeux Chambers Oxford Scholarship
  • Brian McElney Medal in Law
  • Brasenose College Prize
  • 21 other scholarships and awards

Peer-reviewed publications
1. Referred to by Chitty on Contracts: Volume 2, 32nd edn. (2015), [34-409]: “Misdirected Funds and the Bank’s Right to Debit the Originator’s Account” (2015) 131 Law Quarterly Review 202
2. Referred to by Clerk & Lindsell on Torts, 21st edn. (2014), [16-01], [16-62]: “The Torts of Malicious Prosecution and Abuse of Legal Process” (2014) 130 Law Quarterly Review 43
3. “Directors’ Duty not to Prefer One Creditor to Another” [2015] Cambridge Law Journal 20
4. “Rectification and Rescission of Trust Appointment for Mistake” [2015] Conveyancer 266
5. “Liability Insurance, Contractual Indemnity and Subrogation” [2015] LMCLQ 167
6. “Disgorgement Remedy for Dishonest Assistance” (2015) 21 Trusts & Trustees 571
7. “Judicial Enforcement of the Listing Rules in Hong Kong” (2015) 45 HKLJ 389
8. “Sale and Rent Back, Vendor-Purchaser Constructive Trust and Scintilla Temporis” (2015) 24 Nottingham LJ 143
9. “The Proper Scope of the ‘Without Prejudice’ Rule” (2015) 34 Civil Justice Quarterly 316
10. “Fiduciary Duties and Equitable Compensation in Hong Kong” (2015) 26 KLJ 14 (with SHK Wong)
11. “The Protection of Well-known Trade Marks in Hong Kong” (2013) 43 Hong Kong LJ 435
12. “Res Judicata, Disciplinary Actions and Public Law Proceedings” (2011) 22 King’s LJ 397

 

Other academic publications
13. “The Doctrine of Encroachment: Theories and Problems” (2013) 7 HKJLS 215
14. Headnote: HKSAR v. Lau Hok Tung [2011] 2 HKLRD 205
15. “Abuse of Legal Process as a Cause of Action” (2011) 5 HKJLS 183
16. “Shooting Stars”, 29 April 2009, The Student Standard (article on restrictive covenant)

 

Regulatory: Submission to the SFC/Administration in Response to Public Consultation
17. “Submission to Open-Ended Fund Companies Consultation Paper issued by Financial Services and the Treasury Bureau”, May 2014 (with J. Chung)
18. “Submission to the Consultation Paper on an Effective Resolution Regime for Financial Institutions in Hong Kong”, Mar 2014 (with J. Chung)
19. “Submission to the Consultation on Amendments to the REITS Code”, Feb 2014 (with J. Chung)
20. “Submission to the SFC Consultation Paper on the Proposed Amendments to the Professional Investor Regime and the Client Agreement Requirements”, Jul 2013 (With J. Chung)
21. “Submission to the SFC consultation on the regulation of sponsors”, Jun 2012 (With J. Chung)
22. “SFC’s Consultation to amend the Code of Conduct in relation to establishment of the FDRC”, Jan 2012 (With J. Chung)
23. “SFC’s Consultation on the Proposed Guideline on Anti-money Laundering and Counter-terrorist Financing”, Nov 2011 (With J. Chung and J. Lai)
24. “SFC’s Consultation Conclusions and Further Consultation on the Securities and Futures (Short Position Reporting) Rules”, Oct 2011 (With J. Chung)
25. “Submission in response to the SFC’s consultation paper on Proposed Amendments to the Securities and Futures (Financial Resources) Rules”, May 2011 (With J. Chung)
26. “Submission to the SFC’s consultation paper on Proposed Amendments to Specified Stock and Futures Exchanges”, Apr 2011 (With J. Chung)
27. “Submission to the SFC consultation Concerning Pre-deal Research”, Nov 2010 (With J. Chung)
28. “Submission to the SFC consultation paper Concerning the Regulatory Oversight of Credit Rating Agencies”, Aug 2010 (With J. Chung and J. Yip)
29. “Submission to the SFC consultation on the Draft Guidelines on Disclosure of Inside Information”, Jun 2010 (With J. Chung and S. Wong)

Fluent in English and Chinese