MembersSilks

Chua Guan-Hock, SC

JP

Marlborough College, Wiltshire, England
Open Exhibitioner in History to read Law, Gonville & Caius College, Cambridge University
BA (Cantab) in Law 1986 (Class II.I), MA (Cantab) in Law 1990

“Chua Guan-Hock SC of Des Voeux Chambers is adept at handling probate and estates disputes, with notable experience in issues of mental capacity, vulnerability and undue influence”

- Chambers and Partners Trusts, Probate & Succession: the Bar – Greater China Region 2025

Chua Guan-Hock, SC

Profile

Profile

For over three decades, I have appeared in several important cases at all levels of Court, including the Court of Appeal and Court of Final Appeal. The cases where I appeared with eminent London and Hong Kong Silks, or as advocate include:-

ADS v. Wheelock Marden (2000) 3 HKCFAR 70, (2001) 2 BCLC 324, [1998] 3 HKC 153 (C.A.): the leading authority on fraudulent misrepresentation, and fraudulent trading under s.275 Companies Ordinance after one of HK’s longest civil trials lasting 14 months.

Re Asia Television Ltd [ 2015] 1 HKLRD 607: unfair prejudice petition where exceptionally, the majority shareholders were ordered to sell their shares.

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 in aid of potential foreign proceedings.

Arrowtown Assets Ltd v. Collector of Stamp Revenue (2003) 3 HKCFAR 517. The leading Hong Kong authority on the interpretation of tax statutes, the Ramsay doctrine of fiscal nullity, and stamp duty relief for inter group transfers under s.45 Stamp Duty Ordinance. Appeared with David Goldberg Q.C.

Directory Quotes:

“Chua Guan-Hock SC of Des Voeux Chambers is adept at handling probate and estates disputes, with notable experience in issues of mental capacity, vulnerability and undue influence.” (Chambers and Partners Trusts, Probate & Succession: the Bar – Greater China Region 2025).

“Very diligent and good advocate, he is exceptionally good for technical matters.” Chua, Guan-Hock SC receives his plaudit as a Leading Silk for Commercial Disputes. (Legal 500 Asia Pacific HK Bar (2021))

Chua Guan-Hock, S.C., J.P. of Des Voeux Chambers “works on a wide range of matters including tax and shareholders disputes. He is described as a ‘very diligent and good advocate’ with one source writing that “he probably looks at details more than any other practitioner in Hong Kong”. (Chambers & Partners 2016, Commercial Dispute Resolution)

He is commended by sources for his effective handling of matters, being “very helpful, thorough and measured” in his approach. He is active across a broad range of corporate, commercial, and financial issues.” (Chambers & Partners Asia Pacific (2009-2017) & Chambers Global (2018))

Appointments

  • Justice of the Peace
  • Deputy Judge of Court of First Instance, December 2008 onwards and time to time
  • Chairman, Town Planning Appeal Board Panel (2017 to 2023)
  • Chairman, Barristers’ Disciplinary Tribunal
  • Chairman, Telecommunications Appeal Board
  • Deputy Chairman, Administrative Appeals Board
  • Member, HKIAC’s List of Arbitrators
  • Member, Shenzhen Court of International Arbitration’s (“SCIA”’s) Panel of Arbitrators
  • ICC Arbitrator
  • Hong Kong Bar Association’s List of Arbitrators
  • Member, Higher Rights Assessment Board (July 2016 to June 2022)
  • Bar Council Member (1999-2002), Hong Kong Bar Association
  • Governor of Marlborough College Malaysia, Iskandar, Malaysia (2012 to date)

Selected Cases

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 fraudulent misrepresentation. Appeared with David Oliver Q.C., following C.A.’s decision ([1998] 3 HKC 153) where he appeared with Robert Ribeiro S.C. (as he then was). And was Junior to Robert Kotewall S.C. at trial which lasted 14 months.
  • Re Wong To Yick Wood Lock Ointment Ltd [2003] 1 HKC 484 (C.A.). A leading authority in shareholders’ disputes seeking winding-up and alternative remedy for unfairly prejudicial conduct, and 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 in aid of potential foreign proceedings.
  • AXA Versicherung AG v. Hong Kong Housing Authority FAMV 3/2006, 1 March 2006. Appeared in Court of Final Appeal to successfully obtain leave to appeal on question of great general or public importance: whether a claim against a foreign insurer, solely for costs, is within O.11 R1(1)(c) for service out of jurisdiction on a necessary or proper party. Appeared with Michael Thomas S.C. Appeared in C.A. [2006] 1 HLRD 316, and High Court [2005] 1 HKLRD 801.
  • New World Harbourview Hotel Ltd. v. ACE Insurance Ltd (2012) 15 HKCFAR 120. A leading Court of Final Appeal authority on the interpretation of business insurance policies, involving claims for business interruption losses resulting from the SARS outbreak. Appeared with Benjamin Yu SC. Also appeared in C.A. [2010] 5 HKLRD 133, and High Court [2010] 2 HKLRD 744.
  • Re Asia Television Limited [2015] 1 HKLRD 607. Acted 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 majority stake.
  • Shih Hua Investment Co Ltd v. Zhong Aidong [2017] 3 HKC 393.  Acted for 50% shareholder on petition on unfair prejudice and just and equitable winding up. Obtained exceptional interim relief, to reconstitute board of directors with independent professionals.
  • China NPL Holdings v. Mo Haidan [2021] 1 HKLRD 344 (C.A.).  Concerning mareva injunction in aid of PRC judgment with general stay of enforcement in PRC.
  • Zhang Rui Kang & Another v. Tunghsu Group Co. Ltd., HCA 1391/2021, [2024] HKCA 361. The Defendant a PRC conglomerate, defaulted on bonds governed by NY law, and NY default judgment was obtained for US$100 million. The Defendants failed to set aside leave obtained by the Plaintiffs to serve an Amended Writ out of the jurisdiction in the PRC on the Defendant on the basis the claim was under O.11 r1(1)(m) as a “claim brought to enforce any judgment”. The High Court and CA held there was a real prospect of a legitimate benefit if leave to serve out was granted.

 

Tax litigation

  • Arrowtown Assets Ltd v. Collector of Stamp Revenue (2003) 3 HKCFAR 517. The leading Hong Kong authority on the interpretation of tax statutes, the Ramsay doctrine of fiscal nullity, and stamp duty relief for inter group transfers under s.45 Stamp Duty Ordinance. Appeared with David Goldberg Q.C.
  • C.I.R. v. Kwong Mile Services Ltd (2004) 7 HKCFAR 275. A leading authority on source of  profits under s.14 Inland Revenue Ordinance. Appeared with Robert Kotewall S.C.
  • C.I.R. v. Datatronic [2009] 4 HKLRD 675 (C.A.). A leading case involving manufacturing profits under s.14 Inland Revenue Ordinance.
  • C.I.R. v. Wardley Investment Services Ltd. [1992] 3 HKTC 703 (C.A.). An important source of profits authority on commissions paid by overseas brokers to investment advisers. Appeared with Robert Kotewall S.C.

 

International and commercial arbitration

  • Acting for global Hong Kong conglomerate claiming substantial damages of over RMB 570 million for breach of Distribution Agreement for pharmaceuticals in the PRC.
  • Acting for leading Hong Kong property conglomerate on sale and valuation of Hong Kong waterfront hotel of international renown.
  • Acting in several arbitrations on the international sale of goods, and commodities.

 

Trusts, Probate, and Succession

  • Choy Po Chun & Another v. Au Wing Lun [2018] HKCFA 61. A landmark probate case where after 3 weeks trial, the Judge found a disputed will was duly executed, the testator (aged 92) had testamentary capacity, and knew and approved the will’s contents: [2017] 4 HKLRD 284. The C.A. and C.F.A. disagreed that testamentary capacity was proved: see [2018] 2 HKLRD 864 and [2018] HKCFA 61. The appellate courts considered that the attesting solicitors’ evidence left a “serious gap in the evidence” on inquiries that should have been made on the three aspects of testamentary capacity required by Banks v Goodfellow. As such, the trial Judge’s conclusion was undermined that capacity was proved.
  • Re LMSP, HCMH 48/2007. Acting for professional Committee on various issues including potential statutory will, obtaining information and documents relating to MIP’s assets in the PRC, and potential legal action on MIP’s behalf against family members. Obtained court sanction for approval of compromise of commercial litigation concerning MIP.
  • Re BKR [2015] 4 SLR 81 (C.A.). The leading Singapore authority on elder abuse by exercise of undue influence over those with mental impairment, triggering the Court’s mental capacity jurisdiction. Worked with London Queen’s Counsel and Singapore Senior Counsel on preparing Submissions for the Singapore CA, including the assessment of divergent expert medical evidence, the appointment of Deputies concerning a MIP’s property and affairs, and successfully obtaining indemnity costs.
  • Nativivat v. Nativivat [2013] 4 HKLRD 340 (C.A). An important C.A. decision that an executor is entitled to institute legal proceedings before grant of probate, concerning a deceased domiciled abroad at the time of death. The C.A. held that an executor, whether local or foreign, had to obtain a HK grant before he could prove title, and receive and distribute estate assets in HK: at §24. The first instance Judge was correct to refuse the Defendant’s application to strike out the claim, but to grant a stay pending a HK grant. This was not a case where there was no real prospect of obtaining a HK grant.

Publications

  • Contributing Editor, Hong Kong Civil Procedure
  • 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

Specific Areas of Expertise

Employment Law, Chancery, Administrative Review, Statutory Tribunals, Arbitration as counsel, Arbitration as arbitrator, Bankers’ Duties, Contract, Conflict of Laws, Equity, Tort, Unjust Enrichment, Insurance Law, Sale of Goods, Derivative Action, Unfair Prejudice Petition, Bankruptcy, Winding-Up, Breach of Confidence, Restraint of Trade, Committees, Town Planning Appeals, Disciplinary Proceedings, Solicitors’ Negligence, Trusts, Wills, Probate and Administration of Estates, Asset Tracing, Bankers’ Books Orders, Discovery, Injunction, Norwich Pharmacal Orders, Adverse Possession, Building Management, Landlord & Tenants Disputes

Accolades

for Chua Guan-Hock, SC

Chua Guan-Hock SC has been recognised as Spotlight in the category of Trusts, Probate & Succession: The Bar by Chambers and Partners – Greater China Region 2025.

Chambers Review shared that “Chua Guan-Hock SC of Des Voeux Chambers is adept at handling probate and estate disputes, with notable experience in issues of mental capacity, vulnerability and undue influence.

— Chambers & Partners: Greater China Region (2025)

Chua Guan-Hock SC is recognised as a Leading Silk in the fields of Commercial Disputes.

— Legal 500 Asia Pacific: HK Bar (2023)

“A diligent SC.”. Chua, Guan-Hock, S.C., J.P. is acknowledged as a Leading Silk for Commercial Disputes.

— Legal 500 Asia Pacific: HK Bar (2022)

“Very diligent and good advocate, he is exceptionally good for technical matters.” Chua, Guan-Hock SC receives his plaudit as a Leading Silk for Commercial Disputes.

— Legal 500 Asia Pacific: HK Bar (2021)

Chua Guan-Hock, S.C., J.P. of Des Voeux Chambers works on a wide range of matters including tax and shareholders disputes. He is described as a “very diligent and good advocate” with one source writing that “he probably looks at details more than any other practitioner in Hong Kong” (Chambers & Partners 2016, Commercial Dispute Resolution).
He is commended by sources for his effective handling of matters, … being “very helpful, thorough and measured” in his approach. He is active across a broad range of corporate, commercial, and financial issues.”

— Chambers & Partners Asia Pacific (2009-2017) & Chambers Global (2018)