Chua Guan-Hock SC

  • Marlborough College, Wiltshire, England (1978 – 1982)
  • Open Exhibitioner in History to read Law, Gonville & Caius College, Cambridge University
  • BA (Cantab) in Law, Gonville & Caius College, Cambridge University 1986
  • MA (Cantab) in Law, Gonville & Caius College, Cambridge University 1990

Year of call

  • 1987 (Hong Kong)
  • 1987 (England and Wales)
  • 1994 (Singapore)
  • 2003 (Hong Kong Inner Bar)

Profile

My practice covers a broad spectrum of advisory and advocacy work in 3 main areas : commercial litigation, company and financial services work, and tax and chancery matters. I also give expert opinions from time to time on Hong Kong law for use in overseas courts and tribunals.

Over the past 20 years, my practice has included appearing and advising in several heavy commercial and company matters, notably in the Court of Final Appeal in ADS v. Wheelock Marden & Others (2000) 3 HKCFAR 70, after one of Hong Kong’s longest civil trials lasting 14 months. Over the years, I have worked with many leading Silks from London and Hong Kong in a wide variety of matters including in my main practice areas above.

From 1988 to date, I have been and am a Member of Des Voeux Chambers, previously known as Neil Kaplan Q.C.’s Chambers before 1990.

  • Deputy Judge of Court of First Instance, December 2008 onwards and time to time
  • Chairman, Barristers’ Disciplinary Tribunal
  • Deputy Chairman, Appeal Board Panel (Town Planning)
  • Member, Telecommunications (Competition Provisions) Appeal Board
  • Member, Higher Rights Assessment Board
  • Member, Criminal and Law Enforcement Injuries Compensation Boards
  • Bar Council Member (1999-2002), Hong Kong Bar Association
  • Member of Board of Review (Inland Revenue) (1998-2002)

Commercial and company litigation

  • ADS v. Wheelock Marden & Others (2000) 3 HKCFAR 70, [2001] 2 BCLC 324.  The leading Hong Kong authority on fraudulent trading under s.275 Companies Ordinance, and on misrepresentation.  Appeared with David Oliver Q.C., following the C.A.’s decision ([1998] 3 HKC 153) where he appeared with Robert Ribeiro S.C. (as he then was).
  • Re Wong To Yick Wood Lock Ointment Ltd [2003] 1 HKC 484 (C.A.).  A leading case Hong Kong authority in shareholders’ disputes seeking winding-up and alternative remedies for unfairly prejudicial conduct; and for striking out a winding up prayer.   
  • Manufacturers Life Insurance of Canada v. Harvest Hero International Ltd & Others [2002] 1 HKLRD 828 (C.A.).  A leading case on Norwich Pharmacal relief in Hong Kong.
  • Re Asia Television Limited [2015] 1 HKLRD 607. Appeared for minority shareholder in well publicised unfair prejudice petition under s.168A Companies Ordinance concerning proper corporate practice and requirements of free television station licence. Obtained exceptional relief whereby majority shareholders were ordered to sell their majority stake.

 

Commercial arbitration

I have appeared as Counsel and advised in connection with many commercial arbitrations over the years, including :-

  • An arbitration involving the sale by the New World Group of the then Regent Hotel, Hong Kong
  • Arbitrations involving contracts for the international sale of goods and commodities
  • Applications to stay court proceedings in favour of arbitration
  • Applications to set aside court orders for enforcement of arbitration awards, or to refuse to enforce an arbitration award
  • Applications to amend arbitration award

Tax and Chancery litigation

  • C.I.R. v. Kwong Mile Services Ltd (2004) 7 HKCFAR 275, [2004] 3 HKLRD 168 (C.F.A.).  A leading authority on source of profits under s.14 Inland Revenue Ordinance.  Appeared with Robert Kotewall S.C.
  • Arrowtown Assets Ltd v. Collector of Stamp Revenue (2003) 3 HKCFAR 517, [2004] 1 HKLRD 77 (C.F.A.).  The leading Hong Kong decision on the Ramsay doctrine of fiscal nullity, and for stamp duty relief for inter-group transfers under s.45 Stamp Duty Ordinance.  Appeared with David Goldberg Q.C.    
  • C.I.R. v. Datatronic [2009] 4 HKLRD 675 (C.A.).  A leading case involving manufacturing profits under s.14 Inland Revenue Ordinance.
  • Contributing Editor, Halsbury’s Laws of Hong Kong Vol. 46 Taxation and Revenue (2nd Edition, 2016 Reissue)
  • Consultant Editor, Lexis Practice Guidance – Hong Kong Taxation
  • Contributing Editor, Hong Kong Civil Procedure, 2002 to date

English and spoken Cantonese