Jenkin Suen SC has a well-established reputation as a prominent civil silk, and specialises in commercial law, international arbitration, company and insolvency law, regulatory practice, administrative & public law, and land/planning law. He is adept in both trial and appellate advocacy, and appears as leading counsel in major commercial and public law cases, arbitrations and appeals, on behalf of multinational corporations, developers, financial institutions, government authorities and public bodies.
Jenkin regularly acts for listed companies, banks, funds, insurance companies, liquidators and transnational conglomerates in commercial, company and trust disputes. Prior to joining the Bar, Jenkin has worked in the Hong Kong and Beijing offices of Clifford Chance, and has ample experience ranging from mergers & acquisitions to project finance and financial regulation. As a rising silk, Jenkin has been involved in major commercial cases such as the Henry Fok estate, Shanshui Cement and Convoy litigations. He is particularly known for his expertise in shareholder disputes, complex commercial trials and appeals (such as appeals to the CFA on shareholder disputes, and on contractual interpretation).
In the area of international arbitration, Jenkin studied international arbitration and dispute resolution in Oxford University, and he often represents foreign and Chinese enterprises in commercial arbitrations, including those conducted in both English and Chinese (Mandarin), and has appeared as advocate in injunctions and enforcement proceedings for arbitrations.
Jenkin also has a substantial public law practice. He appears as leading counsel in many high profile cases for the Chief Executive of HKSAR, the Secretary for Justice and other government authorities, particularly on important questions of public law in the Court of Appeal and the Court of Final Appeal (such as protective costs orders, LegCo elections, emergency regulations, and more recently the ‘no consent regime’ under the Organized and Serious Crimes Ordinance (Cap. 455)). Jenkin also advises and represents professional and public bodies in both regulatory and commercial matters on a frequent basis. Among others, he acts for the SFC, the Competition Commission, the Companies Registry, the Official Receiver, the Insurance Authority, the Hospital Authority, the Medical Council, the Mandatory Provident Fund Schemes Authority and the Privacy Commissioner.
Jenkin is the co-author / contributing author of practitioner texts including Shareholders’ Rights and Remedies in Hong Kong, Company Law in Hong Kong – Practice and Procedure, and Hong Kong Civil Procedure. Jenkin sits regularly as Deputy High Court Judge. He also chairs the Copyright Tribunal and the Pharmacy and Poisons Appeal Tribunal, and sits in other statutory tribunals and committees as Deputy Chairman or members.
Memberships & Appointments
- Chairman, Copyright Tribunal
- Chairman, Pharmacy and Poisons Appeal Tribunal
- Deputy Chairman, Administrative Appeals Board
- Member, Criminal and Law Enforcement Injuries Compensation Boards
- Member, Air Transport Licensing Authority
- Member, Higher Rights Assessment Board
- Member, Committee on Land, Trust and Probate (HKBA), since 2018
- Chairman, Appeal Tribunal Panel (Buildings), 2015-2018
- Council Member, The Bar Council, 2007-2009
- Representing a respondent in an ongoing HKIAC arbitration on share repurchasing obligation
- Representing claimants as leading counsel in a HKIAC arbitration for breach of joint venture contract concerning a digital asset trading platform
- Representing respondents as leading counsel in a HKIAC arbitration on share repurchasing obligation and successfully defending liability at trial
- Shenzhen Hina New Economy Equity Investment Fund Partnership v Unipax Properties, LLC HKCFI 2912. Opposing Injunction application in aid of arbitral proceedings before CIETAC Beijing and obtaining an order of fortification of the plaintiff’s cross-undertaking as to damages.
- Splendid Days Limited v The9 Limited & OthersHCCT 21/2020. Obtaining worldwide Mareva injunction against a listed company in aid of intended arbitration, and worldwide Mareva injunction against third parties on a Chabra
- A vR  3 HKLRD 389. Successfully obtaining an order for enforcement of a New York Convention award with indemnity costs against the respondent.
Commercial, Company and Insolvency
- Re PromanInternational Ltd  HKCFI 2628. Appeal on appointment of liquidators.
- Hong Kong TopkeyLtd v Wintac (Hong Kong) Ltd  HKCFI 1711. Successfully resisting appeal against summary judgment.
- Chinachem Financial Services Ltd v. Century Venture Holdings Ltd HKCFI 457. Trial on contract, illegality and unjust enrichment.
- Esports Business Development Ltd v. Wong Chun Yee Christopher HKCFI 2627. Video-link application prior to trial on joint venture agreement.
- Re Golden Oasis Health Ltd HKCA 237 and  HKCFI 364. Substantive hearing and appeal on winding-up petition.
- Gentle Soar Ltd v. CMBC Capital Finance Ltd HKCFI 3450 and  HKCFI 2775. Injunction application on sale, transfer and dealing of shares in a listed company.
- Lai Chee-Ying v Secretary for Security 4 HKLRD 695. Statutory construction of a notice under the National Security Law concerning the exercise of voting rights of a listed company.
- China Shanshui Cement Group Ltd v. Tianrui (International) Holding Co Ltd HKCFI 2745 and  HKCFI 3043. Application for stay of proceedings.
- Chan Chun Chuen v. Kao, Lee & Yip HKCFI 716. Appeal against master’s decision on amendment of pleadings.
- Yuanta Securities (Hong Kong) Co Ltd v Ng Yin Lam HKCFI 435. Summary judgment application of contractual claim.
- Leader Screws Manufacturing Co Ltd v Huang Shunkui HKCA 1193,  HKCFI 141. Default judgment application and appeal.
- Eminent Investments (Asia Pacific) Ltd v. DIO CorporationFACV 3/2020, FAMV 330/2019, CACV 207/2016, HCA 1292/2011,  4 HKLRD 52. Appeal and Trial on contractual interpretation, misrepresentation and breach.
- New Castle Investments Ltd v Foo Wai Lok HKCA 931. Appeal on bankruptcy orders.
- Wang Yanlong v. NPCC (Hong Kong) Ltd, HCMP 2190/2018. Application for rectification under section 42 of Companies Ordinance.
- Re Golden Oasis Health LimitedHCCW 236/2018. Stay Application of Winding-up Petition.
- Kwok Hiu Kwan v. Johnny ChenHCMP 41/2018. Trial concerning an EGM of Convoy Global Holdings Limited.
- Au Yeung, Cheng, Ho & Tin (a firm) v. Au Yeung Chi Sang HKCFI 224. Appeal against master’s decision on relief against sanction of unless order.
- Re Swiss Reinsurance Co LtdHCMP 898/2019. Scheme of Arrangement under the Insurance Ordinance.
- Xu Lu Chun v. Wu Chang JiangCAMP 160/2019 / HCMP 3166/2014. Interim Payment Application on Unfair Prejudice Petition.
- Fabiano Hotels Ltd v. Profitmax Holdings IncHCA 3428/2018 / HCMP 2825/2016. Mareva Injunction and Summary Judgment Applications.
- Integrity Financial Advice Network Co Ltd v. Lau Kong Kei / Chu Yau ShunHCA 2165/2011 / HCA 623/2012. Trials on misrepresentation and claw-back in agency contract.
- Fok Chun Yue Benjamin v. Yau Wing Co LtdHCMP 3250/2015. Leave application for statutory derivative action.
- Hansen International Ltd v. High Fashion Apparel LtdHCA 1724/2014. Interim injunction against removal of CEO.
- Sanctuary Systems Ltd v. Orient International Holdings Hong Kong Co Ltd & AnorHCA 479/2010. Trial on Quistclose trust.
Regulatory and Competition Law
- Competition Commission v Multisoft Limited HKCT 8, CTEA 1/2023. Originating Notice of Application on anti-competitive conduct in quotations submitted for the Distance Business Programme funded by the Government.
- SFC v Xu Jinpei& Others HCMP 572/2022. Carecraft proceedings of petition under section 214 of the Securities and Futures Ordinance.
- SFC v Sound Global HKCA 1574. Trial of petition under section 214 of the Securities and Futures Ordinance.
- Lai Voon Wai v. SFCSFAT 2/2020. Review application before the Securities and Futures Appeals Tribunal.
- Cai Hongping v. SFC SFAT 3/2020. Review application before the Securities and Futures Appeals Tribunal.
- Re Combest Holdings LimitedHCCW 118/2020. Petition under Sections 212 and 214 of the SFO and application for appointment of provisional liquidators.
- Re Magic International Holdings LimitedProceedings before the Market Misconduct Tribunal.
- SFC v. Shandong Molong Petroleum Machinery Company Limited HKCFI 497 and  HKCFI 637. Proceedings under Section 214 of the SFO.
- FT Securities Limited v. SFCSFAT 6/2018. Proceedings before the Securities and Futures Appeals Tribunal.
- Tam Sze Leung v. Commissioner of PoliceFACV 7/2023,  HKCA 959,  2 HKLRD 839. Appeal on judicial review against the ‘no consent regime’ under the Organized and Serious Crimes Ordinance (Cap. 455).
- Re Mr Timothy Wynn Owen KC 5 HKLRD 726. Appeal on ad hoc admission for criminal trial under the National Security Law.
- Lai Chee-Ying v. Commissioner of Police HKCA 777,  5 HKLRD 205 and  4 HKLRD 582. Judicial review and appeal on validity of search warrant under the National Security Law.
- Lai Chee-Ying v. Commissioner of Police 5 HKLRD 617. Determination on LPP claims and JM (journalistic materials) claims under a search warrant.
- Wong Wai Keung v. Commissioner of Police HKCFI 374. Determination on LPP claims and JM (journalistic materials) claims under a search warrant.
- Tong Ying Kit v. SJ 3 HKLRD 350 and  2 HKLRD 1036. Judicial review and appeal on certificate issued by SJ under the National Security Law on jury trial.
- Next Digital Ltd v. Commissioner of Police HKCFI 1677. Application for amendment and injunction in proceedings on search warrant.
- Tong Ying Kit v. HKSAR 5 HKLRD 395 and  4 HKLRD 382. Habeas corpus application on the National Security Law.
- Loh Ming Yin v. Hong Kong Examinations and Assessment Authority HKCFI 1135. Judicial review on invalidation of public examination question.
- Kwok Wing Hang v. Chief Executive in Council; Leung Kwok Hung v. SJ(2021) 24 HKCFAR 93, (2020) 23 HKCFAR 518,  2 HKLRD 771,  1 HKLRD 80,  1 HKLRD 1. Judicial Reviews concerning the Emergency Regulations Ordinance and the Prohibition on Face Covering Regulations.
- The Hong Kong Journalists Association v. The Commissioner of Police 1 HKLRD 427. Judicial Review on Police’s duty towards journalists.
- So Tsun Fung v. The Commissioner of PoliceHCAL 3376/2019. Injunction application in judicial review.
- Tsang Kin Shing v. SJ, HCAL 687/2019 and HCAL 2882/2018. Judicial reviews on prosecutorial decisions.
- SJ v. Leung Kwok HungCACV 200&201/2017,  4 HKLRD 115. Judicial Reviews concerning the 2016 Legislative Council election.
- Lok Man Fai Felix v. Architects Registration Board 2 HKLRD 745. Appeal on disciplinary decision.
- Dr U v. The Preliminary Investigation Committee of the Medical Council of Hong KongFAMV 11/2018, CACV 151/2016,  4 HKLRD 31. Judicial review and appeals on statutory construction.
- Great Mighty Ltd v. Director of LandsHCAL 125 & 126/2014. Judicial Review on ex gratia payment.
- Wong Tai Hoi v. Au Nok Hin 2 HKLRD 789. Election Petition.
- Chan Ho Tin v. Lo Ying Ki Alan 2 HKLRD 7. Election Petition.
- Yau Wai Ching v. CE; CE & SJ v. President of the Legislative Council(2017) 20 HKCFAR 390,  1 HKLRD 460 (CA),  6 HKC 417 (CFI). Judicial Reviews concerning the 2016 Legislative Council election.
- Commissioner of Registration v. Registration of Persons Tribunal 4 HKLRD 810. Judicial Review against decision of Registration of Persons Tribunal.
- Chung LiburtWong & Anor v Pun Lai Yin Stella & Anor  HKCA 1095. Application for leave to appeal to the Court of Final Appeal in an adverse possession case.
- Deluxe Ascent Limited v. Director of Lands HKCA 305 and  2 HKLRD 431. Judicial Review and appeal on ex gratia compensation of resumption of land.
- Dairy Farm Company, Limited v. SJ on behalf of Director of Land HKCA 1902 and HCMP 2423/2017. Trial and appeal on right of way and construction of Government lease.
- Abraham Yeung v. Sun King Kai HKCFI 2627. Trial on charitable trust and adverse possession.
- Agrade Holdings Ltd v. Town Planning Board HKCFI 3559. Judicial review against town planning board’s rejection of rezoning application.
- Tse’s Brothers Co Ltd v. Kinghall Development Ltd & Anor HKCA 874 and  HKCFI 1197. Trial and appeal on land and trust law.
- Nam Sang Wai Development Company Limited v. TPBTPA 3/2014 & TPA 1/2017. Planning Appeals before the Town Planning Appeal Board.
- Royal Billion Investment Limted v. TPBHCAL 1916/2018. Judicial Review of TPB’s decision.
- Senso Investment Limited v. Director of LandsLDMR 1/2012. Compensation claim under the Foreshore and Sea-bed (Reclamations) Ordinance.
- Kong Hong Kui Thomas v. Wu Yuk Chun JudyCACV 190/2019. Appeal on representation and estoppel in dispute on landed property.
- Lam Ar Fu Peter v. Building AuthorityHCAL 2259/2018. Judicial review against decision of Appeal Tribunal (Buildings).
- Designing Hong Kong Ltd v. Town Planning Board(2018) 21 HKCFAR 237,  3 HKLRD 560,  2 HKLRD 60;  5 HKLRD 828. Appeals on protective costs order (PCO) and joinder application.
- I Villas Ltd v. SJHCA 1883/2014. Trial on construction of lease covenants.
- Cheermark Investment Ltd v. The Director of Lands 1 HKLRD 79. Appeal on statutory compensation for resumption of land.
Scholarships and Awards
- Hong Kong Middle Temple Society Advocacy Scholarship
- Des Voeux Chambers Scholarship
- Sir Edward Youde Memorial Fellowship for Overseas Studies
- Simon KY Lee Medal in Law
- The Hong Kong University Alumni Prize
- Sir Man Kam Lo/Jardine Scholarship King
- Edward VII Scholarship
- Li Po Chun Scholarship
- Johnson Stokes & Master Scholarship in Law
- Lovell White Durrant Scholarship in Law
Publications / Lecture / Talks
- Co-Author of Shareholders’ Rights and Remedies in Hong Kong (LexisNexis, 2011)
- Contributing Author of Company Law in Hong Kong – Practice and Procedure (Sweet &Maxwell)
- Contributing Editor of Hong Kong Civil Procedure
- Speaker in various seminars on company law, land law, town planning law and other topics hosted by the Hong Kong Bar Association, LexisNexis and the Hong Kong Institute of Chartered Secretaries
Specific Areas of Expertise
Administrative Review, Commercial Judicial Review, Constitutional Review, Inquiries and Inquests, Statutory Tribunals, Adjudication, Arbitration as counsel, Arbitration as arbitrator, Enforcement of Arbitral Award, Expert Determination, Commercial Mediation, Mediation Advocacy, Bankers’ Duties, Credit Financing, Financial Mis-selling, Moneylenders’ Actions, Securities Law, SFC Enforcement Actions, Contract, Conflict of Laws, Equity, Tort, Unjust Enrichment, Insurance Law, Negotiable Instruments, Partnerships, Sale of Goods, Corporate Governance, Compliance with Listing and Other Regulatory Rules, Derivative Action, Unfair Prejudice Petition, Enforcement, Follow-on Action, Investigation, Leniency, Mergers (Telecommunications), Bankruptcy, Restructuring, Schemes of Arrangement, Winding-Up, Breach of Confidence, Copyright, Passing-Off, Trademarks, Aviation, Letters of Credit, Sale and Carriage of Goods, Shipping, Anti-Discrimination, Breach of Confidence, Employment, Restraint of Trade, Committees, Guardianship, Town Planning Appeals, Land Resumption, Auditors’ Negligence, Disciplinary Proceedings, Medical Negligence, Solicitors’ Negligence, Surveyors’ Negligence, Cryptocurrency, Digital Assets, Telecommunications Licensing, 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