Profile
Profile
Frances practices mainly in commercial, company and insolvency areas, with experience in conflict of laws and jurisdictional disputes. She frequently handles matters concerning ancillary relief in aid of foreign proceedings and registration of PRC judgments. Experienced in trust, probate and shareholders’ disputes, she regularly acts for listed companies, their shareholders and directors in winding up petitions, unfair prejudice petitions and derivative actions.
Frances sits as the Deputy Chairman of the Panel of the Board of Review (Inland Revenue Ordinance). She sat as a Deputy District Judge and Deputy High Court Master. She is on the Panels of Arbitrators of SHIAC, BAC/BIAC and SCIA.
Frances speaks fluent Mandarin. She appears for banks, state owned enterprises and individuals in court hearings or arbitrations conducted in English or Chinese. Frances has experience in being engaged to provide legal opinions on Hong Kong law in PRC proceedings to assist the PRC courts.
Company & Insolvency
- Harbour Front Ltd v Money Facts & Ors [2024] 3 HKLRD 299 – obtained a buy-out order.
- Convoy Global Holdings Ltd & Anor v Kwok Hiu Kwan & Anor [2021] HKCA 1594, upholding [2020] 4 HKLRD 222 (Coleman J) (led by Johnny Mok SC) – struck out a claim brought by a then listed company and its subsidiary against their shareholders for declarations and injunctions for contravention of inter alia s.131 of the Securities and Futures Ordinance.
- In re Fonfair Company Limited [2018] HKCFI 358 – resisted two winding-up and unfair prejudice petitions.
- Ge Qingfu & Ors v L&A International Holdings Ltd & Ors [2019] HKCFI 808 – defended a director of a listed company in a claim for breach of fiduciary duties by allegedly placing shares for an improper purpose.
- Cosmigo Ltd v Monin Asia KL SDN BHD HCMP 905/2017 (8/11/2017) – obtained indemnity costs in an application to set aside a statutory demand.
- Re Leung Yat Tung HCB 2019/2000 (8/7/2016) – obtained priority payment under s.38(5B) of the Bankruptcy Ordinance for a creditor.
- Standard Bank Offshore Trust Company Jersey Ltd as Trustee of the St George’s Settlement v Belgravia Properties Ltd [2013] 5 HKLRD 337 – obtained order under s.111(2) of the then Companies Ordinance (Cap. 32) for a court ordered annual general meeting.
- Passport Special Opportunities Master Fund LP & Anor v eSun Holdings Ltd & Ors HCMP6/2009 & HCA 2722/2008 (8/6/2011) (led by Charles Sussex SC) – defended the directors of a listed company in a claim for breach of fiduciary duties by allegedly placing shares for an improper purpose.
- Re Peaktop Technologies (USA) HK Limited HCCW 87/2007 (12/12/2007) – obtained leave to amend a winding-up petition on the just and equitable ground.
- UDL Holdings Ltd & Anor v Leung Yuet Keung & Anor [2008] 6 HKC 127, [2009] HKCU 1388 (CA); [2010] HKCU 1458 (CFA) (led by Charles Sussex S.C.) – defended two directors in an action against them for breach of fiduciary duties.
Commercial
- Dingway Investment Ltd (provisional liquidators appointed) v China City Construction & Development Co. (Hong Kong) Ltd. & Ors [2022] 4 HKLRD 67, [2022] HKCFI 1312, [2022] HKCFI 1893 – resisted an application by the plaintiff (acting through its provisional liquidators, KPMG) for non-party discovery of extensive banker’s records in support of an alleged tracing claim, struck out a claim purporting to be proprietary in nature.
- Hai Kuo Shipping 1201 Limited v Everwin Shipping (Hong Kong) Company Limited & Ors [2018] HKCFI 1906 – obtained judgment for the owner of a bulk carrier against the defendants for breach of a Bareboat Charterparty, Memorandum of Agreement and a Deed of Guarantee.
- Hai Kuo Shipping 1201 Limited v Everwin Shipping (Hong Kong) Company Limited & Ors [2018] HKCFI 2080 – resisted an application by the guarantor for stay of execution.
- Liu Qian v Sunway International Holdings Limited CACV 88/2017 (1/9/2017) – set aside a summary judgment entered against a listed company, the claim of which was based on the company’s alleged failure to honour certain convertible notes.
- Bank of China (Hong Kong) Ltd v Ho Chi Lui & Ors HCA 10239/1999 (31/8/2016) – struck out an action enforcing a guarantee for want of prosecution.
Ancillary relief, Injunctions, Enforcement of Judgments
- Yoichi Kuga v Saronic Holdings Ltd [2024] HKCFI 3253 – enforced a cross-undertaking in damages.
- 黄书建 v 代威 [2019] HKCFI 1386 – resisted a debtor’s application to set aside the registration of a judgment of the Higher People’s Court of Beijing Municipality.
- Bank of China Ltd v Yang Fan [2016] 3 HKLRD 7 – resisted an application to discharge a Mareva injunction in aid of PRC proceedings.
- CSCC Huangpu Wenchong Shipbuilding Co Ltd v Dry Bulk Services Limited (formerly known as KC Maritime Limited) HCMP 1626/2016 (19/12/2016) – obtained a worldwide Mareva injunction with ancillary disclosure in aid of London arbitration.
- Compania Sud Americana De Vapores S.A. v Hin-Pro International Logistics Limited (2016) 19 HKCFAR 586 (led by John Scott SC) – restored the freezing injunctions granted at first instance under s.21M.
- Zeller+Gmelin Corporation v New L1Ne Ltd HCMP 693/2015 (17/7/2015) – acted for the plaintiff and obtained urgent ex parte Mareva injunction to preserve assets obtained by a fraudulent scheme.
- WCL Corporation Ltd v Zhou Jia Jin HCA 1442/2014 (17/9/2014) – resisted an application to discharge an ex partes Mareva injunction.
- Step by Step Ltd & Ors v Dorothy Jane Furness & Ors HCA 2712/2005 & HCMP 838-840, 842-845, 847, 850 & 1208/2007 (12/9/2008) – resisted an application to discharge an ex parte Anton Piller order.
- Pacific Concepts (HK) Ltd. v Michel Brennion & Ors HCA 2672/2008 (13/3/2009) – continued various injunctive relief obtained ex parte.
- East Asiatic Shipping Ltd v Wong Wing Cheung Basil & Ors HCA 1502/2010 (7/12/2010) – continued various injunctive relief obtained ex parte.
Trust, Land and Probate
- Eastrade Holdings Ltd v Secretary for Justice for and on behalf of the Director of Lands [2025] 1 HKLRD 400 – dispute over the proper construction of a Government Lease and waiver of breach.
- Verralls Amy v Maria Gina La Giglia [2018] 5 HKLRD 362 – obtained security for costs for the administratrix under a will (which validity was challenged).
- 好好國際物流股份有效公司 & Anor v Avere Trust Group Limited HCMP 586/2016 (7/2/2017) – obtained judgment including declarations and injunctive relief for a Taiwanese logistic company against a trust company in Hong Kong for breach of a Trust Deed.
- Lee Sai Nam v Li Shu Chung & Anor HCA 1711/2009 (9/12/2015) – resisted a claim in money had and received, knowing receipt and dishonest assistance.
- Re Wan Sing Hon [2010] 4 HKLRD 621 – application for grant ad colligenda bona and interim injunctions.
- Chinachem Charitable Foundation Ltd. v Chan Chun Chuen [2009] 4 HKLRD 149 (led by Edward Chan S.C.) – obtained specific discovery under the principles in Re Fuld (No.2) [1965] P 405.
- Chinachem Charitable Foundation Ltd. v Chan Chun Chuen [2009] 4 HKLRD 157 (led by Ian Mill Q.C., Edward Chan S.C. and Jonathan Harris S.C.) – resisted an application to adduce additional witness whose identity had previously been withheld.
Partnership, Contract & Employment
- Anthony Mackay v Chi-X Asia Pacific Holdings Ltd [2024] HKCFI 2901 – representing the employer, resisted a former CEO’s claims for inter alia remuneration and bonus.
- BFAM Partners (Hong Kong) Ltd v Gareth John Mills & Segantii Capital Management Limited [2021] HKCFI 2904 – representing a leading hedge fund, upheld a 6-month non-compete post-termination covenant and obtained injunctions against a former employee who worked for a competitor.
- Lee Wai Kei Wicky v World Family Limited HCLA 35/2015 (3/10/2017) – acting for the employer; resisted an appeal against the decision of the Labour Tribunal.
- K&L Gates v Melco Crown Gaming (Macau) Ltd HCA 349/2012 & HCA 1061/2011 (20/6/2016; 27/6/2016) – resisted an application to strike out.
- Wang Bingqi v Lee Chee Ho, Juleus HCA 186/2010 (28/1/2014) – struck out the defence & counterclaim and obtained summary judgment for the plaintiff.
- Chong Cheng Lin Courtney v Cathay Pacific Airways Ltd [2011] 1 HKLRD 10 (led by Martin Lee SC) – acted for a former flight attendant and obtained for her retirement travel benefits pursuant to her employment contract.
- Lin Pai Ching v Labour Buildings Ltd HCA 363/2009 (7/5/2010) – set aside a default judgment.
- Chow Yan Wei v Riseship Construction Co Ltd DCCJ 1738/2008 (2/3/2010) – acted for the plaintiff and recovered monies due to him under a consultancy agreement.
- Next Champion Ltd. v Ngan In Leng & Ors HCA 2194/2005 (14/2/2008); CACV91/2008 (21/10/2008) (led by John Scott S.C.) – obtained summary judgment.
Public law
- Yu Cho Lam v Commissioner of Police & Ors [2016] 1 HKLRD 257 – acted as amicus curiae of the Court of Appeal in a case concerning apparent bias.
- Public Inquiry convened pursuant to s.17, Merchant Shipping (Local Vessels) Ordinance (Cap. 548)(2016) – acted for the Director of Marine in the Inquiry.
- Commission of Inquiry into Excess Lead Found in Drinking Water (2016) – acted for a subcontractor in the Inquiry.
- Commission of Inquiry into the Collision of Vessels near Lamma Island on 1 October 2012 (led by Johnny Mok SC) – acted for the Marine Department in the Inquiry.
- A v The Securities and Futures Commission & Anor [2008] 1 HKLRD 591 (led by Simon Westbrook S.C.) – acted for the SFC in a judicial review and clarified the scope of its power to insist on an interview being audio recorded.
Arbitration
- Co-arbitrator, HKIAC. PRC, HK and Cayman parties, HK law, HK seat. Dispute over a shareholders’ agreement.
- Co-arbitrator, HKIAC. HK, Cayman and PRC parties. HK law, HK seat. Dispute over a shareholders’ agreement and right of repurchase thereunder.
- Arbitration representative (counsel), HKIAC. HK parties. HK law, HK seat. Dispute over a memorandum of understanding.
- Arbitration representative (counsel), ICC. PRC, Indonesian, Singaporean, BVI and Cayman parties, HK law, HK seat. Dispute over the facility agreements and their amendments issued by a bank.
- Arbitration representative (counsel), HKIAC. PRC parties, HK law, HK seat. Dispute over a series of finance documents which contain an option to repurchase.
- Acted as an arbitration representative (counsel) in two related ad hoc arbitrations. Cook Islands and Thai parties, HK law, HK seat. Contractual dispute arising from a golf tournament.
- Arbitration representative (counsel), HKIAC. English and PRC parties, English law, HK seat. Dispute over the validity of a guarantee.
- Acted as an arbitration representative (counsel) in an Emergency Arbitration administered by the HKIAC. Cayman Islands and PRC parties, New York law, HK seat. Dispute over a Purchase Agreement and Note Instrument.
- Arbitration representative (counsel), HKIAC. Taiwanese and PRC parties, HK law, HK seat. Dispute over various ship-building contracts.
- Arbitration representative (counsel), ad hoc arbitration. UAE, HK and Taiwanese parties. HK law and HK seat. Dispute over vessel sharing agreements and agency arrangements.
- Arbitration representative (counsel), HKIAC. Singaporean and HK companies, HK law, HK seat. Dispute over a sale of goods contract (South African steam coal).
- In an arbitration under the UNCITRAL Rules, Zurich seat, advice a party on the enforcement of an award.
- Fellow of the Chartered Institute of Arbitrators
- Panel Arbitrator, BAC/BIAC, SHIAC, SCIA, SCIAHK
- CEDR Accredited Mediator
- Deputy District Judge, HKSAR (2021-2024)
- Deputy High Court Registrar, HKSAR (2023-2025)
- Deputy Chairman, Board of Review (Inland Revenue Ordinance)
- Deputy Chairman, Administrative Appeals Board
- Middle Temple Scholarship
- Bar Scholarship
- Sir Edward Youde Memorial Fellowship
- Rhodes Scholarship
Adjudication, Arbitration as counsel, Arbitration as arbitrator, Enforcement of Arbitral Award, Expert Determination, Commercial Mediation, Bankers’ Duties, Credit Financing, Financial Mis-selling, Moneylenders’ Actions, Contract, Conflict of Laws, Equity, Tort, Unjust Enrichment, Negotiable Instruments, Partnerships, Sale of Goods, Corporate Governance, Compliance with Listing and Other Regulatory Rules, Derivative Action, Unfair Prejudice Petition, Bankruptcy, Restructuring, Schemes of Arrangement, Winding-Up, Letters of Credit, Sale and Carriage of Goods, Anti-Discrimination, Breach of Confidence, Employment, Restraint of Trade, Trusts, Wills, Probate and Administration of Estates, Charities, Anton Piller Relief, Asset Tracing, Bankers’ Books Orders, Discovery, Injunction, Norwich Pharmacal Orders, Adverse Possession, Building Management, Charities, Conveyancing, Easements, Landlord & Tenants Disputes, New Territories Law
