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Adrian Lee

LL.M. (First Class), University of Cambridge (2020)
LL.M. (Distinction), University College London (2018)
PCLL, University of Hong Kong (2017)
BA (Jurisprudence), University of Oxford (2016)

Profile

Profile

Adrian was awarded the Bar Scholarship in 2020.  He read BA (Jurisprudence) in the University of Oxford, where he ranked first in the year in Company Law.  He graduated with distinction in the LLM from University College London and the University of Cambridge, with prizes in Unjust Enrichment and International and Commercial Trusts.

Prior to joining Chambers, Adrian has served as a Judicial Assistant in the Hong Kong Court of Final Appeal in 2018-2019.  His research assistance has been cited in Court of Final Appeal cases (e.g. Securities and Futures Commission v Yiu Hoi Ying Charles (2018) 21 HKCFAR 475) and in articles.  Adrian has also served as a marshall to Mr Justice G Lam of the Court of First Instance (as G Lam JA then was) in 2020.

Adrian’s work has been published in the well-respected journal — Lloyd’s Maritime and Commercial Law Quarterly.  He has also been invited to author a chapter of the Encyclopaedia of International Commercial Litigation (Bryan J eds) and a practitioner textbook on competition law in Hong Kong, and has contributed to a leading company law textbook in Hong Kong — Company Law: Powers and Accountability.  Adrian has also been appointed as a part-time lecturer in contract law in the University of Hong Kong.

Adrian has been frequently instructed to appear in the District Court, Court of First Instance and Court of Appeal either as a sole advocate or as a led junior, including in the notable Fok Ying Tung Family trial, the Pan Su Tong litigation and in the Huang Youlong lawsuit. Adrian has also been regularly instructed to appear in arbitration, representing both state-owned enterprise and private companies.

Adrian is fluent in English, Mandarin and Cantonese, and is experienced in drafting legal documents in Chinese.

Selected Cases

General civil and commercial

  • Fok Lai Ping Patricia v. Fok Chun Wan Ian & Ors (HCA 92, 274, 275/2016) – appearing for the plaintiff in a 60-day trial in a multibillion-dollar trust and fiduciary duties dispute, settled (with Mr. Kerby Lau, and Ms. Rosa Lee)
  • Max Pointer Limited v. Huang Youlong (HCA 981/2021) – successfully appearing for the well-known defendant in obtaining unconditional leave to defend the action in summary judgment proceedings, resisting interim payment and striking out of the counterclaim, in an action involving dishonoured cheques and a debt claim of over HK$300 million (with Mr. Patrick Siu)
  • Wong Ming Fai v. Glory Sky Precious Metals Limited (HCA 480/2020) – successfully striking out the plaintiff’s unjust enrichment claim for around HK$7.5 million, with indemnity costs awarded (as sole advocate)
  • Green Light Marketing Co Ltd v. Lam Shi Yan & Anor (HCA 2128/2015 & HCA 2294/2017) – successfully resisting an application to amend pleadings in a dispute involving breach of employment contract, restraint of trade, fiduciary duties, and economic torts for the defendant (as sole advocate)
  • Nanyang Commercial Bank v. Cao Jianfeng & Ors (HCA 762/2021) – successfully resisting an application to set-aside leave for service of defendants out of jurisdiction (involving dishonest assistance of directors, and the double-actionability rule) under Order 11 r.1(1) and Order 12 r.8 on behalf of the bank (with Mr. Patrick Siu)
  • Esports Business Development Ltd v. Wong Chun Yee Christopher [2022] HKCFI 2627 – appearing for a defendant by counterclaim in a video-conferencing facility application (with Mr. Patrick Chong)
  • Lee Shu Hang and Li Sin Man Seline (as the Personal Representatives of the Estate of Lee Sai Nam, Deceased) v. Kan Lap Kee (also known as “Terry Kan”) [2022] HKCFI 651 – appearing for the defendant liquidator in resisting committal proceedings for civil contempt of court (led by Mr. Edwin Choy SC, with Mr. Patrick Siu)
  • Acting on behalf of subsidiaries of a Hong Kong listed company in a contractual claim for approximately HKD 1,500 million (led by Mr. Jenkin Suen SC, with Ebony Ling)
  • Acting on behalf of a landlord in a tenancy dispute in a 4-day District Court trial (as sole counsel)
  • Ongoing trials and interlocutory applications as sole advocate and as led junior

 

Bankruptcy & Corporate Insolvency

  • Pan Sutong v. Bank of China Ltd (HCSD 28/2021) – appearing for the plaintiff in an application to set aside the statutory demand in bankruptcy proceedings, heard together with HCCW 215/2021 (led by Mr. Rimsky Yuen SC, Dr. William Wong SC, with Mr. Lai Chun Ho)
  • Bank of China Ltd v. Proman International Ltd (HCCW 215/2021) – appearing for the defendant in the substantive winding up hearing, heard together with HCSD 28/2021 (led by Mr. Rimsky Yuen SC, Dr. William Wong SC, with Mr. Lai Chun Ho)
  • Re Lee Siu Fung, Siegfried (CACV 189/2018) – resisting a Court of Appeal application for leave to appeal to the Court of Final Appeal in an application to remove the trustees in bankruptcy (with Mr. Patrick Siu)
  • Ho Man Kit and Kong Sau Wai v. Lo Siu Chu Judy (HCA 2016/2017) – application for stay of execution of proceedings pending appeal to the Court of Appeal (with Mr. Patrick Siu)
  • Absolute Skill Holdings Ltd v. Zioncom Holdings Ltd (HCMP 326/2022) – acted for the directors of a listed company in unfair prejudice proceedings (as sole counsel)
  • Re China Ocean Industry Group Limited (HCCW 230/2019) – appearing as supporting creditor in a winding up petition and for substitution as petitioner (as sole advocate)

 

Injunction

  • SDM Education Group Limited v. Barium Real Limited & Ors (HCA 696/2022) – successfully obtaining undertakings on the terms of the interim interim injunction restraining receivers from selling shares (with Mr. John Hui and Mr. Kevin Lau)
  • Kyodo Yushi Asia Pte Ltd v. Yukun International Trade Co Ltd Xiang Chenxiao and Wu Chuan Cheng (HCA 1696/2021) – successfully obtaining the continuation of Mareva and proprietary injunctions and a Bankers Trust order for third party disclosure (as sole advocate)
  • Various ex parte and inter partes applications, including ex parte injunction restraining the presentation of a winding up petition of a listed company

 

Regulatory

  • Assisted in a substantive legal opinion and pleadings on various market misconducts and offences (including price rigging, false trading, stock market manipulation and the section 300 offence) and a section 213 application under the Securities and Futures Ordinance (Cap. 571)
  • Assisted in a legal opinion in relation to various market misconducts and misrepresentation for alleged mis-selling of securities under the Securities and Futures Ordinance (Cap. 571)
  • Assisted a legal opinion in relation to various market misconducts and offences under the Securities and Futures Ordinance (Cap. 571) (during pupillage)

 

Arbitration

  • Acted for a PRC company in the semiconductor technology industry in an arbitration governed by UNCITRAL Arbitration rules in the HKIAC (with Mr. Patrick Siu)
  • Acted for the subsidiary of a major PRC state-owned property developer in a Chinese arbitration involving over RMB 900 million, governed by HKIAC rules (with Ms. Frances Lok)
  • Acted for a Hong Kong company and individuals in a Chinese arbitration, governed by HKIAC rules (with Ms. Connie Lee)

Memberships & Appointments

  • Judicial Assistant, Hong Kong Court of Final Appeal (2018-2019)
  • Part-time lecturer in Contract Law, University of Hong Kong

Scholarships and Awards

  • Bar Scholarship (2020)
  • St Edmund’s College Examination Prize (2020)
  • White & Case Prize for Top First in Company Law (2016)
  • St Catherine’s College Examination Prize (2016)
  • British Council IELTS Scholarship for Overseas Studies (2012)
  • St Joseph’s College Law Scholarship
  • Various debating prizes

Publications / Lecture / Talks

As Author

  • Adrian Lee, The New Flamenco appraised: A new framework for avoided loss and mitigation [2021] LMCLQ 98
  • Encyclopaedia of International Commercial Litigation, Mr Justice Bryan (ed.), Wolters Kluwer (upcoming) (contributor)
  • Hong Kong Company Law Cases (2020-2021) (contributing editor)
  • Competition Litigation in Hong Kong: Practice and Procedure (upcoming) (contributor)

 

As Research Assistant

  • Company Law: Powers and Accountability (2nd ed), LexisNexis (2017)
  • Mr Justice Ribeiro PJ, Equitable Compensation for Breach of Fiduciary Duty (Asia-Pacific Judicial Colloquium, Singapore May 2019), cited in Zhang Hong Li v DBS Bank (Hong Kong) Ltd (2019) 22 HKCFAR 392
  • Mr Justice William Gummow NPJ, Sir Anthony Mason in Hong Kong (2019) 30 PLR 172
  • Mr Justice Andrew Cheung PJ, Conflict of fundamental rights and the double proportionality test (Common Law Lecture Series 2019)

Specific Areas of Expertise

Discrimination, Banking, Bankruptcy, Defamation, Regulatory

Accolades

for Adrian Lee

“First and foremost, Adrian Lee contributed immensely towards the research. He worked meticulously and tirelessly to ensure cases are up to date. His outstanding research has been nothing short of first class.”

— Company Law: Powers and Accountability (2nd ed)

“Also an Oxonian with a subject prize in Company Law, Adrian’s research work is thorough, precise and admirable.”

— Company Law: Powers and Accountability (2nd ed)

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