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Kwan Ping Kan

BA (Law Tripos) (First Class Honours), University of Cambridge (2014)
PCLL, University of Hong Kong (2015)
BCL (Distinction), University of Oxford (2020)
Kwan Ping Kan

Profile

Profile

Ping Kan joined Chambers in September 2021 following successful completion of his pupillage with Mr. Derek Chan SC, Mr. John Hui, Mr. Alexander Tang and Mr. Jason Yu.

Ping Kan is developing a broad civil practice and accepts instructions in all areas of Chambers’ work. He has appeared as sole advocate and as led junior at various Court levels, including as sole advocate before the Appeal Committee of the Court of Final Appeal in Dennis Kwok v Poon Sui Cheong [2022] HKCFA 2 (a shareholders’ dispute). Ping Kan also regularly appears in interlocutory applications, including applications for urgent injunctions as sole advocate.

Before commencing pupillage, Ping Kan completed a training contract at Latham & Watkins LLP in the firm’s Hong Kong and Washington DC offices. He was admitted as a solicitor in Hong Kong in 2018 and practised as an associate in the firm’s Litigation & Trial department in Hong Kong, specialising in complex commercial litigation, international arbitration, and white-collar investigation.

Ping Kan read BA (Law) at the University of Cambridge on a Prince Philip Scholarship. In 2014, he graduated with First Class Honours and was awarded the title of Corpus Christi College Scholar. In 2020, Ping Kan completed the Bachelor of Civil Law at the University of Oxford, where he graduated with Distinction in all four subjects and came top of his class in Advanced Property and Trusts and Constitutional Theory.

Selected Cases

Civil / commercial

  • Leung Yuet Keung v Harbour Front Ltd – unfair prejudice; valuation of shares (led by Frances Lok SC)
  • Sun Tian Gang v Changchun High & New Technology Industries amendment of pleadings; limitation period (led by Anson Wong SC)
  • Dennis Kwok v Poon Siu Cheong – unfair prejudice; appeal to the Appeal Committee of the Court of Final Appeal)
  • Mason Group Holdings v Tam Joseph – unlawful act conspiracy (led by Douglas Lam SC)
  • Damayanth Sunimal v MindWorks Ventures SPC split trial / interrogatories (led by Jose Maurellet SC and Alexander Tang)
  • Frank Lee v HSBC limitation period (led by Simon Westbrook SC and Alexander Tang)
  • Chiu Sui Ching, The Administrator of the Estate of Leung Ho Tin v Cheung Kwai Hung – proper approach to wasted costs order
  • Hypertec Systems v Yiim default judgment and vesting orders
  • International Institute of Professional Development v Innoxcell – strike out; reflective loss (led by Douglas Lam SC)
  • GM Commercial v Euro-Asia conflict of laws; foreign law evidence
  • Golf Apparel Brands v Tong Pat Ling Patrick and others – strike out for want of prosecution
  • 上海聯銀創業投資有限公司 v Charles Lu Zhengyao – post-award Mareva Injunction
  • Zhang Hui v GreenOrange Trade , Limited security for costs
  • Li Ning v Han Kun Law Offices – legal taxation / professional negligence (sole advocate)

Judicial Review 

  • Acted for claimant in an intended judicial review application against a decision by the Torture Claim Appeals Board
  • Acted for listed company in judicial review application against decision by the Listing Committee
  • Advised on intended judicial review application on selection of athletes by the Hong Kong Sports Federation
  • Advised on intended judicial review application against Hong Kong Customs & Excise Department’s decision to seize goods en route from Los Angeles (USA) to Delhi (India) during transit in Hong Kong
  • Advised on intended judicial review application against the Coroner’s possible decision to conduct autopsy on a dead body against family’s wishes
  • Advised on intended judicial review application against a disciplinary decision regarding a student’s alleged academic dishonesty at the Chinese University of Hong Kong

Winding up / bankruptcy

  • Re Lin Yifan – jurisdictional challenge
  • Synergy Solutions Management Limited v Super Homes Limited – injunction to restrain winding up petition
  • Re China Saite Group Company Limited restructuring
  • Re Elegant Proit (Hong Kong) Limited (In Liquidation) – appointment of liquidators and committee of inspection
  • Re HongKong Bai Yuan International Business shipping dispute
  • Re Tempus Holdings Limited – restructuring
  • Re Greater Bay Dynamic – petition for winding up on unpaid wages
  • Re Johnston Management Limited (formerly AGBA Management Company Limited) – appointment of liquidators
  • Re Wu Jian Hong – annulment of bankruptcy order
  • Re CEIBS Publishing – just and equitable winding up

Arbitration

  • In the matter of an arbitration agreement dated May 2021 – urgent injunction application to restrain defendant company from disposing of a valuable asset in aid of arbitration in Hong Kong (led by Douglas Lam SC and Sakinah Sat)
  • In the matter of an arbitration under Hong Kong International Arbitration Centre 2018 Administered Arbitration Rules – trial of the preliminary question on jurisdiction (with John Hui)
  • In the matter of an arbitration under Hong Kong International Arbitration Centre 2018 Administered Arbitration Rules – jurisdictional challenge based on illegality and agency
  • In the matter of an arbitration under Hong Kong International Arbitration Centre 2018 Administered Arbitration Rules – dispute under charterparty governed by English and Singapore law
  • Arbitration under HKIAC Rules – dispute under Subscription Agreement
  • In the matter of an arbitration agreement dated 2024 – formation of contract
  • Arbitration under ICC Rules – dispute regarding sales and purchase agreement (with CW Ling)

Intellectual Property

  • CultureCom Limited v Jade Dynasty Publications Limited and others – acted for defendants in an interlocutory injunction application in respect of copyright of a comic series (led by CW Ling)
  • Hang Heung Cake Shop – acted for defendants in trademark infringement claim (led by CW Ling)

Injunctions 

  • Zou Gebing v Hong Kong Xinxin Information Ltd – proprietary injunction
  • Re Mason Supreme Healthcare Group Limited – Mareva injunction
  • Re Shatin Baptist Church – anti- harassment injunction
  • Marspan v Chiu Margaret – injunction for possession of property (with Alan Kwong)
  • Golden Talent v Capital Pilot – injunction to restrain EGM (led by William Wong SC and Patrick Siu)
  • Jiu Rong v Siu Chi Ming Mareva injunction (with Martin Lau)
  • Lauener Lai-Chun v Yuloong Trading – Mareva injunction
  • Re Eversea Valor / Spirit / Effort – proprietary injunction and receivership order

Family Law / probate

  • Re Estate of Lai, Dennis – probate; paternity (led by Frances Lok SC)
  • Re Executor of CKH interim financial provisions under 4 Inheritance (Provision for Family and Dependents) Ordinance
  • Re Estate of LWK –interim financial maintenance under 3 &4 Inheritance (Provision for Family and Dependents) Ordinance
  • Re TCWG – relocation and custody of children
  • Sole counsel in Financial Dispute Resolution

Company

  • Re Mason Supreme Healthcare Group Limited –intervenor application under sections 732 and 733 of the Companies Ordinance (Cap. 622)
  • Sea Heritage v Nice Wave International 740 Companies Ordinance application
  • Unfair prejudice under s.724 Companies Ordinance (Cap. 622) in relation to a dispute amongst shareholders in reputable Hong Kong tuition center

Regulatory 

  • Advised India-based importer on Customs & Excise Authority’s confiscation of dangerous drugs
  • Re National Agricultural Holdings Limited –SFC petition under 214 Securities and Futures Ordinance

Advisory

  • Provided Hong Kong law opinion for US federal court proceedings concerning scope of permissible disclosure of documents obtained in injunction applications.
  • Provided Hong Kong law opinion for PRC proceedings in relation to enforcement of arbitral awards.
  • Provided Hong Kong law opinion on applicable regulations on pre- IPO investments and aspects concerning connected transactions.
  • Provided Hong Kong law opinion to a Singaporean-based stored value facilities provider.
  • Provided legal opinion to a local bank concerning a potential action under section 60 Conveyancing and Property Ordinance.
  • Provided legal opinion to a Hong Kong governmental authority on the issue of penalty clauses.

Publications / Appointments

  • Lecturer, The Faculty of Law, The University of Hong Kong (equity & trust; administrative law & judicial review) (2022-2023)
  • Hong Kong Bar Association Standing Committee on Young Barristers (Member)
  • Guest lecturer, University of Shenzhen (2024-present) (arbitration; conflict of laws)
  • Contributor, “Cross-Border Issues” in Company Law in Hong Kong (Insolvency) 2018, 2019 & 2022

Scholarships and Awards

  • Prince Philip Scholarship Lawton Prize
  • Scholar of Corpus Christi College
  • Philip C Jessup International Law Moot Court Competition: 1st Runner Up (oralist); Best Memorial (team)
  • Law Faculty Prize (Advanced Property and Trusts)
  • Law Faculty Prize (Constitutional Theory)

Specific Areas of Expertise

Defamation, Regulatory, Administrative Review, Commercial Judicial Review, Constitutional Review, Inquiries and Inquests, Statutory Tribunals, Bankers’ Duties, Financial Mis-selling, 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, Children Issues, Divorce and Dissolution, Matrimonial Finance, Private Adjudication, Bankruptcy, Restructuring, Schemes of Arrangement, Winding-Up, Breach of Confidence, Copyright, Patents, Passing Off, Trademarks, Anti-Discrimination, Breach of Confidence, Employment, Restraint of Trade, Committees, Guardianship, Auditors’ Negligence, Disciplinary Proceedings, Medical Negligence, Solicitors’ Negligence, Cryptocurrency, Charities, Anton Piller Relief, Asset Tracing, Bankers’ Books Orders, Discovery, Injunction, Norwich Pharmacal Orders, Adverse Possession, Building Management, Charities, Landlord & Tenants Disputes, New Territories Law