Qualifications

• Barrister-at-Law

• M.Com (Finance)

• Chartered Accountant (Aust)

• FHKIArb, FCPA, AACS

Awards

• Middle Temple Scholar (2002)

Appointments

• Member, Obscene Articles Tribunal 2004 – 2013

• Member, Insider Dealing Tribunal 2005 – 2007

• Member, Professional Conduct Committee, HKICPAs 2009 – 2017

• Deputy Chairman, Professional Conduct Committee, HKICPAs 2012 – 2015

• Assessor, PCLL Civil Advocacy Assessment, HKU 2016 – Date

Practice

Jean-Paul (‘JP’) specialises in commercial, companies, securities and commercial crimes litigation. He brings a wealth of industry knowledge and commercial experience to his practice.

Prior to practising at the Bar, JP had gained over 18 years of commercial and investment banking experience in Asia. He was previously Chief Operating Officer (Foreign Exchange and Fixed Income) at UBS AG and Regional Financial Controller (RSD) at Standard Chartered Bank. 

JP’s civil practice focuses on commercial disputes resolution, involving inter alia Contract, Commodities and Securities Trading, Mis-selling, Capital Reduction, Debt Restructuring, Insolvency, IPOs and Listing Rules, SFC’s Licensing and Disciplinary actions, Probate, Land and Trust disputes.

JP regularly advises and defends investors, securities houses, responsible officers and licensed representatives facing market misconduct and disciplinary charges by the SFC as well as Chairmen and senior executives of listed companies facing investigations and prosecutions by the CCB and ICAC.

JP appears at all levels of Courts in Hong Kong as an advocate. He also advocates in commercial arbitrations and sits as an arbitrator. In addition, he has sat as a member of the Insider Dealing Tribunal and the Obscene Articles Tribunal.

Selected Cases

Civil and Companies Litigation

Companies Cases

• HCMP 733/2010 – Scheme of Arrangement - Advised and obtained Court’s sanction of a Hong Kong listed Bermudan company’s Scheme of Arrangement involving capital reorganization, capital reduction, subscription of new shares, debt restructuring of HK$ 55+ million and group reorganization under s. 166 of Companies Ordinance, Cap. 32 

• HCCW 648/2006 – Winding Up - Advised and obtained Court’s order staying winding up proceedings of Hong Kong listed Bermudan company and releasing liquidators thereof under ss. 190, 205 and 209 of Companies Ordinance, Cap. 32

• HCCW 469/2007 – Winding Up - Advised and opposed petition for winding up pursuant to s. 177 of Companies Ordinance, Cap. 32 

• HCMP 740/2018, 30/5/18 – s570, Cap. 622 – Advised and successfully obtained an order compelling a private company to convene an EGM with ancillary directions by the Court     

• HCMP 2097/2005 – Capital Reduction - Advised and obtained Court’s sanction of a Hong Kong listed company’s capital reduction programme involving cancellation of the Company’s entire Share Premium of HK$ 207+ million and elimination of Accumulated Losses of HK$ 146+ million and creation of a special capital reserve account of HK$ 60+ Million under ss. 58 to 61 of Companies Ordinance, Cap. 32

• HCMP 909/2006 – Capital Reduction - Advised and obtained Court’s sanction of a Hong Kong listed company’s capital reduction programme involving cancellation of the Company’s entire Share Premium of HK$ 939+ million and elimination of Accumulated Losses of HK$ 938+ million and creation of a special capital reserve account of HK$ 0.9+ Million under ss. 58 to 61 of Companies Ordinance, Cap. 32

• HCMP 559/2010 – Capital Reduction - Advised and obtained Court’s sanction of a Hong Kong company’s capital reduction programme involving repayment of excess capital of HK$ 500 Million to foreign shareholder under ss. 58 to 61 of Companies Ordinance, Cap. 32

• HCMP 2042/2011 – Capital Reduction - Advised and obtained Court’s sanction of a Hong Kong listed company’s capital reduction programme involving cancellation of the Company’s Share Premium by HK$ 2,953+ million and elimination of Accumulated Losses by the same amount under ss. 58 to 61 of Companies Ordinance, Cap. 32

Commercial Litigation

• HCA 279/2007 – Contract Claim - Advised and obtained judgment for contract sum due under consultancy agreement after trial

• HCA 1345/2007 – Interim Injunction - Advised and opposed an urgent application for interim injunction pursuant to Order 29, Rules of High Court

• HCPI 402/2008 – Personal Injury - Advised and settled a personal injury claim with damages to be assessed on the basis of depletion in value of a successful legal firm   

• HCA 2691/2008 – Contract Claim - Advised and obtained order to dismiss the Plaintiff’s action and enter judgment for counterclaim summarily pursuant to Order 14A, Rules of High Court

• HCA 2707/2008 – Contract Claim -  Advised and successfully resisted an application to set aside final and interlocutory judgment pursuant to Order 13, Rule 9, Rules of High Court

• HCA 2707/2008 & HCA 1096/2008 – Contract Claim – Advised and opposed appeal against Master’s partial judgment on liability for breach a Deed of Forbearance.   

• HCA 2722/2008 – Interim Injunction - Advised and applied to intervene in proceedings restraining a listed company’s placement under Order 15, Rule 6 and Order 29, Rules of High Court

• HCA 1482/2008 – Jurisdictional Challenge - Advised and obtained Order to set aside service of Writ and dismiss the Plaintiff’s action under Order 18 rule 12, Rules of High Court and on grounds of forum non conveniens

• HCA 591/2009 – Jurisdictional Challenge - Advised and obtained Order to dismiss the Plaintiff’s appeal against Order to set aside service of Writ under Order 65 rule 3, Rules of High Court

• HCA 1351/2009 – Contract Claim – Advised and applied for summary judgment on contact sum due under Deed of Undertaking

• HCA 1351/2009 – Expert Directions – Advised and opposed application for expert directions under Order 38 rule 36, Rules of High Court 

• HCA 1618/2009 – Repayment of Advances - Advised and opposed application for summary judgment on repayment of advances. Advised and successfully set aside Master’s decision on appeal 

• HCA 421/2010 – Interim Receivership & Injunction – Advised and opposed appointment of interim receiver over the estate of a deceased entrepreneur. Advised and successfully obtained leave to appeal and stay pending appeal (HCMP 751/2011)

• HCA 350/2010 – Breach of Contract – Advised and successfully defended against claim based on alleged breach of joint business development agreement after trial

• HCA 479/2010 – Quitsclose Trust - Advised and successfully defended against claim for return of monies based on quitsclose trust and agency after trial

• Board of Review – Advised and challenged the Determination of the Commissioner of Inland Revenue. Assessment of HK$ 5+ million in profits arising from the sale of a property as a confirmor annulled with tax paid thereon refunded to the client in full…

• FACV 12/2014 – Advised and successfully appealed against the decision of the Courts below. In the final appeal, the CFA considered The Achilleas and held that the proper approach to determining the extent of each confirmor’s loss in a chain of property sub-sale agreements is limited to his loss of bargain (i.e. difference between the price he agrees to buy from his vendor and the price he agrees to sub-sell to his purchaser)

• HCA 1661/2014 and others, 17/6/15 – Advised and applied for leave to appeal against interim receivership over the shares in an investment holding company which holds a substantial stake in a Hong Kong listed company

• HCA 1661/2014 and others, 26/4/16 – Advised and successfully opposed an application for summary judgment

• HCA 2880/2015, 18/7/17 – Advised and successfully discharged an ex-parte worldwide Mareva injunction order for a restraint sum of HK$ 411 million

• HCA 1661/2014 and others, 31/1/18 – Advised and successfully discharged the appointment of receivers over a parcel of trust shares in a private company which holds a pivotal stake in a Hong Kong listed company

• HCA 1661/2014 and others, 31/1/18 – Advised and defended an application for declaration of beneficial ownership in a parcel of trust shares in a private company which holds a pivotal stake in a Hong Kong listed company

• HCMP 1574/2016, 28/2/18 – Advised and defended an application for committal for civil contempt

• HCA 2880/2015, 3/5/18 – Advised and successfully opposed applications for interim interim injunctions against exercise of voting power, convening of EGM and/or requisitioning for further EGMs

• CAMP 58/2018, 18/5/18 – Advised and successfully opposed application for interim interim injunctions pending application for leave to appeal

• HCA 2880/2015, 13/7/18 – Advised and successfully opposed an application for discharge from a breach of undertaking to the Court

• HCA 2880/2015, 11/3/20 – Advised and successfully obtained orders striking out a misappropriation claim and varying the Mareva injunction order relating thereto

• HCA 2880/2015, 11/1/21 – Advised and successfully obtained orders for specific discovery of relevant and material documents

• HCA 2880/2015, 19/4/21 – Advised and conducted trial lasting 41 days involving claims of unlawful means conspiracy, breaches of fiduciary duties and negligence between 4 plaintiffs and 10 defendants

Commercial Arbitration

• Sales of Goods - Advised and obtained arbitral award for payment of goods sold and delivered by Hong Kong listed company and advised on enforcement of the Award in the PRC after trial

• Sales of Goods - Advised and obtained arbitral award for payment of telecommunication devices and accessories sold and delivered by Hong Kong company after trial

• Breach of Contract - Advised and obtained arbitral award for breach of commodities futures contract in the PRC after trial

• Breach of Contract - Advised and obtained arbitral award for breach of joint venture / shareholders’ agreement in Hong Kong and the PRC after trial

• Breach of Contract - Advised and obtained arbitral award for breach of shareholders’ agreement in Hong Kong and Macau after trial

• Breach of Contract - Advised and obtained arbitral award for export insurance claim on defaults of PRC buyers after trial

• Breach of Contract – Advised and defended the Respondent (a private equity fund manager) against alleged repudiations of a shareholders’ agreement. Successfully obtained final arbitral award for payment of outstanding management fees after trial

• Insurance Claim – Advised and obtained final arbitral award for claims on credit insurance policy arising out of multiple defaults by PRC buyers after trial

• Property - Advised and obtained arbitral award for beneficial ownership of a piece of commercial property in Hong Kong after trial

• HCCT 60/2015, 30/8/16 and 6/12/16 - Successfully opposed the setting aside and leave to appeal applications mounted by the Plaintiffs on the novel ground under Article 28(3) of the Model Law that the Tribunal Majority had decided the arbitration ex aequo et bono or as amiable compositeur without express authorization of the parties

• Breach of Contract - Presided as arbitrator over disputes involving a series of commodities futures contract in Hong Kong and the PRC

• Breach of Contract - Presided as arbitrator over disputes involving a liquidity provision agreement in relation to trading of crypto-tokens across different exchanges

• Breach of Contract - Presiding as arbitrator over disputes involving a series of agreements in relation to an intended takeover of a Hong Kong listed company

Securities and Regulatory Work

• Market Misconduct – Advised and defended controlling shareholder of Hong Kong listed company against alleged insider dealing within the meaning of s. 270 of Securities and Futures Ordinance, Cap. 571. Advised and opposed application for security for costs on appeal (RE ABC Communications (Holdings) Ltd, CACV 262/2011, CACV 51/2012, 17/10/12, unreported)

• Market Misconduct – Advised Chairman and Director of Hong Kong listed company against alleged insider dealing within the meaning of s. 270 of Securities and Futures Ordinance, Cap. 571

• Market Misconduct – Advised and defended a private equity fund manager against alleged false trading, price rigging and stock market manipulation within the meaning of ss. 274, 275 and 278 of Securities and Futures Ordinance, Cap. 571. Advised and applied for leave to appeal to the Court of Appeal (Chui Tak Keung Duncan v MMT Anor, HCMP 1848/2012, 29/5/13, unreported)

• Securities litigation – Advised private investors in a Hong Kong Listed Company and negotiated for the transfer of shareholdings and receipt of special cash dividends thereon totaling HK$ 5 million

• Securities litigation – Advised and defended private investors against substantial claims relating to Lehman Brothers Structured Products by major US and regional investment/private banks

• Securities litigation – Advised and defended the estate of an aged investor against substantial claims relating to boosted knockout discount accumulators of listed securities by a regional private bank (HCA 544/2010)

• Securities litigation – Advised and defended trading companies and their guarantors against substantial claims relating to RMB accumulators by regional commercial banks

• Securities litigation - Advised a private investor on a substantial claim in loss of profits as occasioned by an interim injunction against an intended private placement by a Hong Kong listed company (HCA 2722/2008)

• Securities litigation - Advised and defended a major securities house against a substantial claim founded on an alleged breach of instructions relating to margin-financed IPO Subscriptions

• Disciplinary - Advised Senior VP of a leading securities house and settled proposed disciplinary action by the SFC under s.194 of the SFO

• Disciplinary - Advised regional investment bank and negotiated global settlement of proposed disciplinary actions against 3 group companies by the SFC under s.194 of the SFO

• Disciplinary - Advised regional investment bank and negotiated global settlement of proposed disciplinary actions relating to mis-selling of Lehman-related financial products by the SFC under s.194 of the SFO

• Disciplinary - Advised a licensed bank and its responsible officer and appealed against proposed disciplinary actions by Insurance Agents Registration Board

• Advisory – Advised a leading securities house on the application of fintech to the non- face to face account opening process

• Insider Dealing Tribunal - Presided over the inquiry into suspected insider dealing activities in relation to listed securities in Tsingyi (Cayman Islands) Holdings Co

Commercial Crimes

• DCCC 1202/2006 – Advised and defended the Chairman and CEO / Executive Director of a Hong Kong listed company against 4 charges of conspiracy to steal and to defraud by the ICAC.

• DCCC 599/2005 – Advised and defended the Chairman and an Executive Director of a Hong Kong listed company against 4 charges of conspiracy to steal and to defraud by the ICAC

• A Hong Kong Entrepreneur – Advised the owner / director of a trading group upon arrest by the Commercial Crimes Bureau on suspected fraud involving US$ 20 million.