Tommy Cheung

  • BCL (Distinction), Magdalen College, University of Oxford
  • PCLL (Distinction), University of Hong Kong
  • LLB & BBA(Law) (First Class Honours, First in Year), University of Hong Kong
  • Bar Scholar (2016)

Profile

Tommy Cheung is a Bar Scholar. Prior to joining Des Voeux Chambers, he obtained his BCL (Distinction) from the University of Oxford, with a prize for best performance in Corporate Insolvency Law. He also received First Class Honours in his LLB and BBA(Law) (Majoring in Accounting) from the University of Hong Kong, ranking first in his year for both degrees. He commenced full practice in 2017 after completion of pupillage with Mr Giles Surman, Mr Johnny Ma, Mr Jenkin Suen, Mr Calvin Cheuk and Mr John Hui.

In his first year of practice, Tommy has actively worked on insolvency and bankruptcy matters. Notably, he appeared as junior counsel in two milestone decisions in insolvency law, led by Dr William Wong SC: Re CW Advanced Technologies Ltd [2018] 3 HKLRD 552 (as amicus curiae, on issues to consider for common law recognition and assistance of a moratorium granted by a foreign Court) and Wong Tak Man Stephen v Chang Ching Wai [2017] 5 HKLRD 758 (on the legal nature of co-owners’ liabilities after the winding-up of the incorporated owners). He was also instructed by a co-founder of the BaWang Group as sole counsel to present a petition to wind up the parent company of BaWang International (Group) Holding Limited.

Moreover, Tommy has handled cases concerning banking, land, trusts, probate, intellectual property, competition, commercial and companies. He is regularly instructed to appear in interlocutory applications, including applications for ex parte orders and urgent injunctions as sole counsel. He is able to provide written submissions and conduct hearings in both English and Chinese, and has previously prepared Chinese opinions on diverse aspects of Hong Kong laws for use in the People’s Courts in Mainland China.

Outside of his practice, Tommy is a part-time lecturer at the Department of Law of the University of Hong Kong, teaching land law, conveyancing and commercial law. He also routinely gives seminars on the recent developments in civil and commercial laws.

  • Re CW Advanced Technologies Limited [2018] 3 HKLRD 552 - Appeared as amicus curiae to assist the Court to determine the relevant issues for common law recognition and assistance of a moratorium granted by a foreign Court of a jurisdiction not being the company’s place of incorporation (led by Dr William Wong SC)
  • Wong Tak Man Stephen v Chang Ching Wai and Another [2017] 5 HKLRD 758 - Application for a declaration that co-owners shall be jointly and severally liable under S34 of the Building Management Ordinance (Cap 344) for all the debts and liabilities of the incorporated owners in the sum of around HKD 3.6 million upon its winding up (led by Dr William Wong SC)
  • Raafat Imam v Life (China) Company Limited and Others [2018] 4 HKLRD 152 - Opposing on jurisdictional and procedural grounds the Plaintiff’s application for a declaration that a civil action funding agreement does not offend the law prohibiting maintenance and champerty and/or falls within the recognised exception relating to access to justice (led by Mr Clifford Smith SC and with Ms Sabrina Ho) 
  • Million Decade Limited v Tung Fai; Top Ample Limited v Tung Fai; Tung Fai v Wei Dong HCA 1062, 1063 & 1660/2013 - Opposing strike-out applications on the grounds that there was neither abuse of process nor res judicata despite the concluded proceedings in the BVI (with Ms Connie Lee) 
  • Citibank NA v Hunter Socks & Apparel International Limited and Others HCMP 2063/2016 - Represented Citibank NA for resisting an application for stay of proceedings and enforcing a mortgage for the sum of around HKD 6.8 million (with Mr John Hui)
  • Hiromi Okada v Tomohiro Okada and Another HCMP 2446/2017 - Application for an interim proprietary injunction to restrain Tomohiro Okada from disposing of or otherwise dealing with the disputed shares valued at around HKD 1.38 billion in Okada Holdings Limited (led by Mr Charles Sussex SC and with Mr Justin Lam)
  • ADL Express Limited v A&B Logistics Limited and Others HCA 3033/2017 - Application for ex parte domestic Mareva injunction in the sum of around HKD 23 million (with Mr John Hui); application for ex parte worldwide Mareva injunction (sole advocate); opposing application for variation of the worldwide Mareva injunction (sole advocate)
  • Wang Xiaojing v Li Boshou and Ka Wah Investment Holdings Limited HCA 1405/2018 - Application for proprietary injunction against the 2nd Defendant in the sum of around HKD 30 million (with Ms Sabrina Ho)
  • Sensing Technology Investment Limited v Liu Haitao and Others HCMP 812/2018 - Application for ex parte interlocutory injunction to restrain unauthorised individuals from holding out as having the authority of the company (with Mr John Hui)
  • Wah Sun Hong Limited v Wong Lee Yuk Ping Agnes HCA 333/2016 - Application for leave to amend amended statement of claim to include pleas of inconsistent alternatives (led by Mr Douglas Lam SC)
  • Re Sun Fung Timber Company Limited HCCW 313/2017 - Winding up petition on the ground of inability to pay debt arising from a PRC arbitration award in the sum of around RMB 52 million (with Ms Sabrina Ho)
  • Re Fortune Station Limited HCCW 410/2017 - Unfair prejudice and just and equitable winding-up petition against the parent company of BaWang International (Group) Holding Limited (sole advocate)
  • Li Ping Chun, the Co-Administratix of the Estate of Leung Foo Su (or She), the Deceased and Another v Liang Tonghua and Others HCA 745/2011 & HCA 2239/2017 - Application for Mareva and proprietary injunctions in the sum of around HKD 15 million (sole advocate) 
  • Trends Trade Hong Kong Limited v Artur Shevchenko HCA 2259/2018 - Opposing the Plaintiff’s applications for order of delivery up and interlocutory injunctions restraining the Defendant from soliciting the Plaintiff’s employees and carrying on any competing businesses (sole advocate)
  • Wang Linping and Another v Huang Keqin and Others HCMP 632/2012 & HCA 373/2014 - Opposing the 1st Defendant’s applications for interlocutory injunction and withdrawal of part of his undertakings given in 2012 (sole advocate)
  • AIA International Limited v Yung Wing Ming Max HCA 84/2017 - Opposing application for summary judgment in the sum of around HKD 1.6 million (sole advocate) 
  • Re Chiu Chi Hong HCB 2311/2018 - Bankruptcy petition on the ground of inability to pay debt in the sum of around HKD 18 million (sole advocate)
  • Tang Siu Ha v CN Medical Group Limited and Another DCMP 1892/2016 - Application for substituted service and examination of director under O48 r1 of the Rules of the District Court (Cap 336H) (sole advocate)
  • Bar Scholarship
  • Des Voeux Chambers Scholarship
  • Magdalen College Prize for Distinction in BCL
  • Magdalen Hong Kong Scholarship for Postgraduate Studies in BCL
  • South Square Prize for Corporate Insolvency Law
  • Baker & McKenzie Prize in Commercial Law
  • The Minvie Leung Prize for Property Litigation
  • Society of Construction Law Hong Kong Scholarship
  • LexisNexis Book Prize for Legal Research Skills
  • Law Society of Hong Kong/ Bloomsbury Books Prizes
  • Association of China-Appointed Attesting Officers Scholarship
  • HKSAR Government Scholarship
  • HSBC Overseas Scholarship
  • Bank of China (Hong Kong) Scholarship
  • The Bank of East Asia Scholarship
  • Dah Sing Bank Scholarship
  • Hong Kong Securities Institute Scholarship
  • The Chartered Institute of Management Accountants Prize
  • Dean’s Honours List
  • 15 other scholarships and awards by HKU
  • Part-time Lecturer, Department of Law, University of Hong Kong (teaching Land Law, Conveyancing and Commercial Law)
  • Part-time Lecturer, HKU SPACE (teaching Preparatory Courses for PCLL Admission Conversion Examination)
  • Contributing Author, Lexis Practice Guidance – Dispute Resolution
  • “Minority Shareholders’ Rights” (2018) CPD Seminar (with Mr Richard Leung)
  • “Trusts, Estoppels, Adverse Possession and Aspects of Building Management” (2018) CPD Seminar (with Mr Richard Leung)
  • “Topical Issues in Adverse Possession” (2018) CPD Seminar (with Mr Richard Leung)
  • “The Competition Ordinance – Its Implementation and Updates” (2018) CPD Seminar (with Mr Richard Leung)
  • “Pre-emptive Remedies in Civil Litigation” (2018) Seminar (with Ms Winnie Tam SC and Mr Douglas Lam SC)
  • “Controlling Costs” (2018) CPD Seminar (with Mr Look-Chan Ho)
  • “The Bricks and Mortar of Construction Disputes” (2018) Seminar (with Mr Ian Pennicott SC, QC, Mr Kaiser Leung, Ms Ellen Pang and Mr Michael Ng)
  • “Interim Measures in International Arbitration” (2017) Seminar (with Dr William Wong SC, Ms Stephanie Wong and Ms Cherry Xu)

Fluent in English, Mandarin and Cantonese