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Arthur Poon

PCLL, University of Hong Kong (Distinction) [2020]
BCL, St. Cross College, University of Oxford (Distinction) [2019]
LLB, University of Hong Kong (First Class Honours) [2018]
BSocSc (Govt & Laws), University of Hong Kong (First Class Honours) [2018]

Profile

Profile

Arthur is a Bar Scholar.

He joined Chambers in 2021 upon completion of his pupillage with Mr. Joseph Tse SC, Mr. Christopher Chain (now Mr. Christopher Chain SC), Ms Sabrina Ho and Mr. Justin Lam.

Since joining Chambers, Arthur has developed a broad civil practice, with a focus on commercial disputes. He has been regularly instructed on matters involving breaches of fiduciary duties and shareholders’ disputes (including unfair prejudice and just and equitable winding up). He has also been instructed on trust claims concerning beneficial ownership over shares and landed properties, as well as probate, wills, and estate litigation.

Arthur is also routinely instructed to handle commercial arbitrations under HKIAC and CIETAC rules, as well as enforcement of arbitral awards in Hong Kong. Prior to joining Chambers, Arthur graduated first in class from the University of Hong Kong, reading Bachelor of Social Sciences (Government and Laws) and Bachelor of Laws. As a visiting student of Gonville and Caius College, he obtained first class results in all subjects in Law Tripos Part II of the University of Cambridge. Upon graduation, he further obtained his BCL at the University of Oxford with Distinction in all subjects, and his PCLL at the University of Hong Kong with Distinction.

Arthur is fluent in Cantonese, English and Mandarin, and has experience drafting legal documents in Chinese.

Selected Cases

Company and Shareholders’ Disputes

  • Eagle One Global Ltd v Vanke Real Estate (Hong Kong) Company Ltd & Ors (HCMP 23/2024): Acting for the Respondents in an unfair prejudice petition and application to strike-out the petition for breach of arbitration clause (led by Douglas Lam SC).
  • Link Holdings Ltd & Ors v Datuk Siew Pek Tho Chris & Ors (HCA 1829/ 2023): Acting for the Plaintiff in an action for breachesof fiduciary duties and duty of care against the directors of a company (with Avery Chan).
  • Smart Trike MNF Pte Ltd & Ors v Chiu Sui Chun & Ors (HCIP 76/2019): Acting for the Plaintiffs in a 15-day trial for breaches of fiduciary duties, dishonest assistance, and breach of duty of confidence (led by Anson Wong SC and with Martin Kok) (judgment pending).
  • Leung Yuet Keung v Harbour Front Ltd & Ors (HCMP 1471/2019; HCMP 1987/2018; HCMP 1988/2018): Acting for the Respondentsin a 6-day trial on unfair prejudice (with Sabrina Ho) (judgment pending).
  • New Intertrade Foods Co Ltd v Tsang Simon & Ors:
    • HCA 673/2019: Actingfor the Plaintiff in a derivative action against a director for breaches of fiduciary duties (as sole counsel);
    • HCMP 1547/2022: Successfully applied for leave to intervene in a District Court proceeding under section 724 of the Companies Ordinance (Cap. 622) (as sole advocate);
    • [2023] HKCFI 1093: Successfully obtained cost against an opposing director under section 738 of the Companies Ordinance (Cap. 622) on an indemnity basis (as sole advocate); and
    • DCCJ 3577/2022: Acting for the Defendant in an action against the Company for outstanding sums owed to the director (as sole counsel).
  • Menfond Electronic Art & Computer Design Co Ltd v Wong Wang Hin Eddy (HCA 2816/2017); Ma Kit Luk v Menfond Electronic Art & Computer Design Co Ltd (HCA 2532/2015):
    • Acting for the Plaintiff in HCA 2816/2017 and the Defendant in HCA 2532/2015 in disputes concerning breaches of fiduciary duties and dishonest assistance; and
    • Successfully obtained cost against the Plaintiff in HCA 2532/2015 on an application for further and better particulars (as sole advocate).
  • Wealth Management Cube Ltd v Wong Kim Kiu & Ors (HCA 324/2021); Wealth Bridge Asia Ltd v Wealth Management Cube Ltd (HCA 647/2021): Acting for the Defendants in HCA 324/2021 and the Plaintiff in HCA 647/2021 on disputes concerning breaches of fiduciary duties and intellectual property rights (with Sabrina Ho).
  • River Plate Company Limited v Tang Tung Sang (HCA 476/2021): Acting for the Defendants in an action for breach of fiduciary duties (with Justin Lam).
  • Liu Yauzong v The Registrar of Companies [2023] HKCFI 2012: Successfully acted for the Plaintiff in an application for removal of corporate filings at the Companies Registry under section 42 of the Companies Ordinance (Cap. 622) (as sole advocate).
  • Advised a minority shareholder on potential claims against a listed company and its directors for fraud, mismanagement and breach of listing rules, and possible disclosure applications against the listed company (as sole counsel).
  • Advised a minority shareholder on presenting an unfair prejudice petition based on unlawful dilution of shares (with Sabrina Ho).

Trusts, Wills, and Probate

  • Chan Suk Ying v Lee Wai Ling Celine (the Personal Representative of the Estate of Peter Li Chak Ming)[2023] HKCFI 3085: Successfully acted for the Plaintiff in an appeal against the striking out of a Statement of Claim concerning trust over and tracing of shares in an unincorporated business and a limited company (led by Douglas Lam SC).
  • Lau Chung v Hui Keng Yee & Anor (HCA 561/2019): Acting for the Plaintiff in an action concerning ownership of shares in a private company based on constructive trust, fiduciary duty trust, proprietary estoppel, and discretionary trust (with Kerby Lau).
  • Chan Sau Wai Shirley v Jen Kit Josephine & Anor (HCAP 25/2019): Acting for the Defendants in an 8-day trial concerning the substantive validity of a marriage and the removal of executors (with Kerby Lau)(judgment pending).
  • Tsang Wai Lun v Wan Siu Fong (HCMP 1359/2022): Acting for the Defendant in an action concerning trust over shares in a limited company in Hong Kong (with Stephanie Wong).
  • Lei Tung v Lai Wing Ho (HCA 320/2022): Acting for the Defendant in an action concerning resulting trust, common intention constructive trust, and unjust enrichment in relation to landed properties in Hong Kong and shares in private companies (led by Douglas Lam SC).
  • Re CES Capital International (HK) Co Ltd [2022] HKCFI 3659: Successfully acted for a securities company on an application under section 62 of the Trustee Ordinance (Cap. 29) (with Christopher Chain).
  • Advised onthe proper construction of a will and codicil, and actions to be taken by the executor in managing the estate (led by Douglas Lam SC).
  • Advised on the validity of inter vivo gifts of shares in a private company and chattels, and merits of a potential application for removal of executors.
  • Advised a licensed bank in Hong Kong on its mortgage policy and its compliance with section 60J of the Probate and Administration Ordinance (Cap. 10).
  • Advised on an application under section 63 of the Trustee Ordinance (Cap. 29) in relation to a charitable trust established under a will.

Insolvency, Bankruptcy and Scheme of Arrangements

  • Re Mellink Investment Ltd (HCMP 2424/2023): Acting for the Company for aconvening order in relation to a Scheme of Arrangement.
  • Re Century Sun International Ltd [2021] HKCFI 2928: Successfully acted for two opposing creditors in opposing the sanctioning of a scheme of arrangement (led by José-Antonio Maurellet SC).
  • The Joint and Several Liquidators of Bintan Mining Corporation v Pacific Bulk Supramax Company Ltd(HCMP 730/2021): Acted for the Respondent in resisting an application for stay of proceedings in Hong Kong after the appointment of liquidators (led by Victor Joffe SC and with Christopher Chain).
  • Re Golden Oasis Health Ltd (in compulsory winding up)(HCCW 236/2018): Successfully acted for the Applicant for leave to commence proceedings against an insolvent company under section 186 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) (with Sabrina Ho).
  • Adviseda listed company on a potential injunction to restrain the presentation of a winding-up petition (with Sabrina Ho).
  • Advised on enforcement of share charge upon insolvency of the company (with Sabrina Ho)
  • Regularly appears before Judge/ Master on bankruptcy and winding-up petitions.

General Commercial Disputes and Land

  • AIM Global Holdings Ltd & Ors v Chien Kun Allen & Ors[2023] HKCFI 1126: Successfully acted for the Defendants (by counterclaim) in an 18-day trial claiming for outstanding service fees and shares in a BVI company under a share award agreement (with Yang-Wahn Hew).
  • China Minsheng Banking Corp Ltd v Top Power Enterprises Ltd & Ors [2023] HKCFI 2469: Successfully acted for the Plaintiff in resisting an appeal against the Defendants for leave to adduce expert evidence (with Catrina Lam).
  • China Construction Bank (Asia) Corporation Ltd v Klarenken Enterprise Ltd & Ors (HCA 1515/2023): Acting for the Plaintiff for summary judgment in relation to variousloan facilities and guarantees (led by Anson Wong SC).
  • Harbour Front Ltd v The Official Receiver and Trustee of the Property of Leung Yat Tung (HCMP 400/2022):
    • Acting for the Plaintiff in an action concerning the proper interpretation of a Settlement Agreement (with Sabrina Ho);
    • [2023] HKCFI 1294: Successfully opposed an application to intervene by a creditor under RHC Order 15 rule 6 (with Sabrina Ho).
  • Lau Po Kwan v Power Tripod Ltd(HCA 410/2023): Acting for the Plaintiff in a claim for repayment of deposits under a rescinded sale and purchase agreement against a property developer in Hong Kong (with Sabrina Ho).
  • ZKS Ltd v Xian Corp Ltd (DCCJ 1320/2022):Acting for the Plaintiff in a claim for outstanding commission under an oral commission agreement (as sole counsel).
  • Advising the CEO of a Hong Kong listed company on the applicable limitation period under 2 loan agreements and issues of forum non-conveniens(led by Douglas Lam SC).

Injunctions and Interim Receivership Applications

  • SATS HK Limited v Hong Kong Aviation Support and Development Association Ltd (HCMP 78/2024): Successfully acted for the Plaintiff in an application for injunction restraining the Defendant from presenting a winding up petition (with Justin Lam).
  • Nopporn Suppipat & Ors v Golden Music Ltd & Ors (HCMP 1235/2023): Successfully acted for the Plaintiff in an application for interim receivers over the shares in a Hong Kong company (led by Douglas Lam SC and with Jason Yu).
  • Guangzhou Zhoutouzui Development Ltd v Sun Zhichun & Ors (HCA 1039/2023): Successfully acted for the Plaintiff in an injunction restraining the Defendants from acting and/or holding out as directors of the Plaintiff (with Sabrina Ho).
  • Yang Weixu & Ors v Zheng Hong Ping & Ors (HCMP 138/2023): Successfully acted for the Plaintiffs in an urgent injunction restraining the Defendants from selling shares in a listed company allotted in breach of fiduciary duties and without authority (led by Victor Joffe SC and with Justin Lam).
  • Gold Swing Enterprises Ltd v Golden Oasis Health Ltd (in compulsory winding up) & Ors (HCA 745/2022): Successfully acted for the Plaintiff in an interim-interim injunction against the recipient of shares transferred in breach of pre-emption rights (with Justin Lam, and as sole advocate).
  • Pacific Bulk Supramax Company Ltd v Bintan Mining Corporation (HCMP 1190/2020): Acted for the Plaintiff in continuing a worldwide Mareva injunction after the appointment of liquidators (led by Victor Joffe SC and with Christopher Chain).

Insurance

  • Chubb Life Insurance Co Ltd v Shing Pui Keung [2021] HKDC 1391: Successfully acted for an insurance company in a 5-day trial for repayment of bonuses by an insurance agent (with Sabrina Ho).
  • BOC Group Life Assurance Company Ltd v Wong Fu Wah (DCCJ 4648/2019): Acting for an insurance company for repayment of outstanding allowance and bonuses from an insurance agent (with Sabrina Ho).

Arbitration and Enforcement of Arbitral Awards

  • HKIAC Administered Rules: Acting for the Claimant in an action for breach of contract and misrepresentation concerning the sale and purchase of apparel products (as sole counsel).
  • CIETAC Administered Rules: Acting for the Claimant in claiming for outstanding purchase price for apparel products (as sole counsel).
  • Ad Hoc Arbitration under Hong Kong Arbitration Ordinance (Cap. 609): Acting for the Respondents in a claim concerning the investment of shares in a US-incorporated company (with Sabrina Ho).
  • HKIAC Administered Rules: Acting for the Claimants in an action for specific performance and/or damages under a share purchase agreement (led by Douglas Lam SC, with Tiffany Chan).
  • HKIAC Administered Rules: Acting for the Respondent in an action concerning the construction and sale of a ship (with Catrina Lam).
  • HKIAC Administered Rules: Acted for the Claimant on the proper interpretation of a buyback obligation under a share purchase agreement (with Sabrina Ho).
  • HKIAC Administered Rules: Acted for the Claimant in resisting payment of sums under an asset allocation agreement (settled 3 days before arbitration hearing) (with Richard Zimmern).
  • HKIAC Administered Rules: Acted for the Claimant in claiming outstanding service fees owed in relation to an online promotion platform (as sole counsel).
  • 深圳市業尊房地產開發有限公司v 世纪晶源科技有限公司& Ors (HCCT 20 of 2023): Acting for the Respondent in resisting an application to set aside two SCIA Arbitral Award (with Sabrina Ho).
  • Advising two Mainland companies on the enforcement of two Mainland arbitral awards in Hong Kong, and possible post-award injunctions and discovery applications (with Sabrina Ho).
  • Advising charterers of a charter party on dispute over the authority of owners to commence arbitration (led by Douglas Lam SC)

Contempt and Public Law

  • Pacific Bulk Supramax Company Ltd v Wong Man Kam Patrick and Leung Chi Kin (HCA 1632/2021): Acting for the Plaintiff in an action of contempt against two directors of a company (led byChristopher Chain SC).
  • David Ho v Secretary for Justice [2023] 2 HKLRD 1148: Acted for the appellant on an appeal concerning the lodgement of election return out of time (led by Daniel Fung SC and with Sabrina Ho).
  • Lu Weifang v The Medical Council of Hong Kong [2022] HKCFI 734: Acted for the Intended Intervener in a judicial review application concerning the disclosure of private and confidential deliberations among members in a disciplinary panel (withSabrina Ho).

Others

  • Re David Goldberg QC [2021] HKCFI 3868: Acting for the Bar Association in opposing the ad hoc admission of Mr. David Goldberg QC (led by Jonathan Chang SC).
  • Mok Sui Ling v Valenzuela Castro, Adrian (DCPI 1299/2021): Acting for the Defendant in a personal injury action involving motor vehicles (as sole counsel).

Scholarships and Awards

  • Bar Scholarship [2020]
  • Thomson Reuters Law Prize [2020] (for the most promising student who intends to be a barrister in the PCLL)
  • The Minvie Leung Prize for Property Litigation [2020]
  • Haldanes Prize for Criminal Litigation [2020]
  • Michael Wilkinson Scholarship [2020] (for achieving the highest combined scores in Civil Litigation, Professional Practice Management and Property Transaction I in the PCLL)
  • Hou De Charitable Foundation Scholarship [2019]
  • Des Voeux Chambers Harry Liu Postgraduate Scholarship [2018]
  • Dean’s Honour List [2017]
  • Des Voeux Chambers Junior Scholarship [2016]
  • LexisNexis Book Prize for Legal Research and Writing II [2015]
  • Dean’s Honour List [2015]
  • Dean’s Honour List [2014]
  • Basic Law Mooting Competition Champion [2014]
  • University of Hong Kong Entrance Scholarship [2013]

Publications / Lecture / Talks

Journal Articles:

  • “Determining the place of performance under Article 7(1) of the Brussels I Recast”, International and Comparative Law Quarterly Volume 70 Issue 3 (July 2021), referred to in:
    • “Hartley: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention and the Hague Choice of Court Convention” (2nd, OUP 2023) at §8.03
    • “Lazić & Mankowski: The Brussels I-bis Regulation: Interpretation and Implementation” (Elgar European Law & Practice series, 2023) at §§2.024, 2.075;
    • “Lundstedt: Cross-Border Trade Disputes in the European Union” (Edward Elgar Publishing, 2023) at p.157
  • “The Road Not Taken – China’s rugged path to a stronger legal culture” Hong Kong Journal of Legal Studies Volume 12 (2019).

Other Publications:

  • Contributing Editor of the Annotated Ordinance of the Insurance Ordinance (Cap. 41) –published by LexisNexis Hong Kong (2023).
  • Contributing Editor of the Annotated Ordinance of the Estate Duty Ordinance (Cap. 111) – published by LexisNexis Hong Kong (2021).
  • Editor of the notes on “Professional Conduct” module for the Overseas Lawyers Qualification Examination Preparatory Course organized by Lex Omnibus (2021-2023).
  • Contributing Editor to Hong Kong Company Law Cases 2020 and 2021 – published by Des Voeux Chambers in collaboration with Kluwer (2021).

Talks:

  • GBArb Youth Training Program of Common Law of Hong Kong – lecture organised by Shenzhen Court of International Arbitration.

Specific Areas of Expertise

Discrimination, Banking, Conveyancing & Property, Defamation, Media & Entertainment, Regulatory, Shipping & Insurance, Trusts & Probate

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