HAU PAK SUN
侯百燊 律師
Partner
Hau Pak Sun has been a partner in the Firm since 2007, specialising in commercial litigations, regulatory investigations and compliance. Pak Sun is also one of the first Solicitor Advocates (since 2014, in civil division) in Hong Kong, and can accept instructions both from law firms and lay clients. Pak Sun currently sits in the Standing Committees of Compliance, Standards and Development and Practitioners Affairs and the Arbitration Committee of the Law Society. He is also a member of four statutory tribunals in Hong Kong (notably as Deputy Chairman of the HKSAR Inland Revenue Board of Review as of present) and two arbitration panels in the Mainland China. In August 2022, Pak Sun was elected a Council Member of the Law Society of Hong Kong. In October 2023, Pak Sun was approved by the National Administration of Financial Regulation of PRC to be appointed as an independent non-executive director of Bank of Gansu Co., Ltd (hkex: 2139), the only provincial urban commercial bank in Gansu Province, PRC. In July 2024, Pak Sun has been nominated by the Hong Kong Law Society to act as a member of the High Court Rules Committee, the committee formed under the High Court Ordinance for the making of the rules of court.
Many of his cases resulted in landmark and/or important judicial decisions reported in the Hong Kong Law Reports & Digest and Hong Kong Cases. His recent matters include acting for listed company Convoy Global Holdings Limited in its whole litigation saga involving shareholders’ remedies and directors’ duties, acting as advocate in a well-researched case reported in [2021] 1 Lloyd’s Rep 329 on incorporation of arbitration agreement and acting as Hong Kong solicitors for the appellant in the Privy Council case of Broad Idea International Ltd v. Convoy Collateral Ltd [2021] UKPC 24, a landmark decision on the test in granting freezing injunction against non-cause of action defendants in aid of foreign proceedings. Pak Sun’s litigation experience are set out in detail below.
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Language: Chinese and English
Contact: Phone: +852 2877 3283
Fax: +852 2526 7545
Email: pshau@charleschu.hk
NOTABLE PUBLISHED CASES:
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China Ping An Insurance Overseas (Holdings) Ltd v. Luck Gain Ltd and China Aoyuan Group Limited [2023] HKCFI 3315 - defending a listed bonds issuer from a claim of the ultimate investor who subscribed for US$190 million of the bonds for the exchange of global certificate into definitive certificate, on the ground that the ultimate investor has no standing to do so based on the "no look through" principle.
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Re Convoy Global Holdings Limited (acting for the listed company and present directors): [2021] 1 HKLRD 997 (appeal on derivative actions, decision on the requirements of “fraud on minority” and “personal benefit to wrongdoer” in the threshold of bringing common law derivative action, also reported in [2021] 4 HKC 1 and [2021] HKCLC 107); [2021] HKCFI 836 (discharge of injunction against holding of AGM, also reported in [2021] HKCLC 563); [2021] HKCFI 814 (dismiss leave to commence statutory derivative action against directors, also reported in [2021] HKCLC 449); [2021] 4 HKC 167, [2020] 3 HKC 403 and [2018] 6 HKC 394 (finality of chairman’s decision in general meeting, landmark decision on the chairman’s power to disqualify shares from voting under articles of association followed by the Grand Court of Cayman Islands in Re China Agrotech Holdings Ltd, FSD 68/2019, 16 July 2019); [2020] HKCFI 2874 (dismiss an application for a quia timet injunction against interfering with a shareholder’s purported shares); [2020] 4 HKLRD 222 and on appeal [2022] 1 HKC 551 (on whether contraventions of sections 131 and 132 of Securities and Futures Ordinance is actionable by private action); [2020] 6 HKC 81 (oft-cited appeal decision on the test of real risk of dissipation of assets in mareva injunction; successful mareva in freezing assets in excess of HK$700m); [2018] HKCFI 1729 (discharge of injunction restraining disposal of company shares); HCA 2922/2017 (acting for the listed company in a claim to annul substantial share placement in a claim of fraud and breach of fiduciary duties).
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Broad Idea International Ltd v. Convoy Collateral Ltd [2021] UKPC 24 – as Hong Kong solicitors acting for the appellant to the Privy Council, landmark decision on the test of applying for a standalone freezing injunction against a party and non-party without pre-existing cause of action.
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The Law Society of Hong Kong v. Wong Shek Hung [2021] HKCFI 2217 – Acted for the Law Society as solicitor advocate in obtaining an injunction against the Defendant to commence further legal proceedings.
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OCBC Wing Hang Bank Ltd v Kai Sen Shipping Co Ltd [2020] 1 HKLRD 1217 – as solicitor advocate, on whether incorporation of arbitration agreement in charterparty into bills of lading requires specific reference under English laws and Hong Kong laws (also reported in [2021] 1 Lloyd’s Rep 329 and [2020] 4 HKC 503)
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Better Marine International Ltd v Zhong Shan Co Ltd [2020] HKCFI 623 – as solicitor advocate, on what rate of enhanced interest on judgment sum and costs is appropriate in relation to non-acceptance of a sanctioned offer.
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Re Enice Holding Co. Ltd [2018] 4 HKLRD 736 - Acted for the offeror in an application for the successful sanction of a scheme of arrangement of a company listed on the Australian Securities Exchange. Landmark decision involving a single-member scheme (also reported in [2018] HKCLC 305).
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Elite Dragon Ltd v. Bel Global Resources Holdings Limited [2017] HKCFI 718 - Acted for former directors of a listed company in defending claims of fraud in a 10-day trial.
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Dialog Services Saudi Arabia Company Limited v. Youtai International Trading Co. Ltd. [2017] HKDC 805 - Acted as solicitor advocate for a victim of fraud in obtaining judgment against the Defendant.
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Super Worth International Limited and others v. ICAC [2016] 1 HKLRD 281 (also reported in [2016] 2 HKC 416) - Landmark decision in Hong Kong on whether legal professional privilege should extend to cover accountants’ tax advice.
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Re Tysan Holdings Limited [2013] 4 HKC 425 - Acted for the Plaintiff, a substantial shareholder, in obtaining an injunction against a listed company and its directors under section 350B of the former Companies Ordinance restraining them from disposing assets at undervalue in a connected transaction.
OTHER RECENT MATTERS:
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Acted for an investor of listed shares and obtained judgment after trial in a sum exceeding HK$100 million against a former director of the listed company on unlawful means conspiracy (Triunion (HK) Cereal & Oil Co Ltd v. APAC Investment Holdings Ltd and others [2022] HKCFI 3326).
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Re Pan Sutong/ Goldin Group: [2023] HKCA 964 (stay of appeal proceedings); [2023] 2 HKLRD 636 (successfully defended an application from receivers of a request to convene general meeting by way of court order under section 570 of the Companies Ordinance); [2023] HKCFI 155 (defending a summary judgment of a claim exceeding HK$800 million on the grounds of violation of Money Lenders Ordinance and illegality); [2022] HKCFI 1896 (strike out application against a bankruptcy petition on the ground of multiple petitions, also reported in [2022] HKCLC 837); [2022] HKCFI 1450 (defending a claim on the grounds of duress, foreign illegality and existence of arbitration clause, also reported in [2022] HKCLC 625); [2022] HKCFI 882 (resisting an application of mareva injunction).
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As Hong Kong solicitors in BVI proceedings acting for a purchaser of a PRC real estate development in attempting to set aside the whole transactions worth of US$1 billion on the ground of common mistake under Hong Kong laws (BVIHCM (COM) 2022/0126).
- Acted for a victim of fraud in successfully obtained summary judgment against a defendant and dismissed the defence of change of position on the ground of foreign illegality (She Ching Yan v. Cai Yunxiang and Others [2023] HKCFI 592).
- Recognition of foreign joint and several provisional liquidators (Re RZ3262019 Limited [2022] HKCFI 3602).
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Acted for a Petitioner in successfully obtaining a winding-up order against China Green (Holdings) Limited, a listed company in Hong Kong (HCCW 104/2022).
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Acted for a developer in successfully resisted an ex parte on notice injunction application as an attempt to restrain a refinancing arrangement of a real estate development in excess of HK$7 billion lump sum (2022).
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Acted for a party to an arbitration in an application to set aside an arbitral award on the grounds of procedural irregularity and conflicts with public policy ([2023] HKCFI 448 (not open for public inspection).
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Acted for a non-party to an arbitration proceedings in successfully resisted an injunction application under section 45 of the Arbitration Ordinance ([2022] HKCFI 467 (not open for public inspection)).
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Acting as intervention agent of the Council of the Law Society of Hong Kong in Messrs. S.W. Tai & Co. ([2022] HKCFI 2339).
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Acted as solicitor advocate for the Law Society and its former president in successfully striking out claims ([2021] HKCFI 1012, [2021] HKCFI 2218).
ADMITTED TO PRACTICE:
(2005)
(2014)
Solicitor of Hong Kong
Solicitor Advocate with Higher Rights of Audience in Hong Kong (Civil)
MAJOR PRACTICES:
Dispute Resolution, regulatory investigations and compliance.
Charles Chu & Kenneth Sit
(2007-Present)
Partner
(2005-2007)
Associate
Trainee Solicitor
(2003-2005)
CAREER:
(2022-Present)
(2024-Present)
(2023-Present)
(2020-Present)
(2017-2020)
(2018-Present)
(2019-Present)
(2019-Present)
(2014-2020)
(2016-Present)
(2021-Present)
(2023-Present)
(2024-Present)
(2023-Present)
(2015-Present)
(2022-Present)
(2017-Present)
(2023-Present)
(2020-Present)
(2021-Present)
(2023-Present)
Council Member, Law Society of Hong Kong.
Member of the High Court Rules Committee
Independent non-executive director of Bank of Gansu Co., Ltd. (hkex: 2139)
Deputy Chairman of HKSAR Inland Revenue Board of Review.
Member of HKSAR Inland Revenue Board of Review Panel.
Member of the HKSAR Immigration Tribunal.
Member of the HKSAR Registration of Persons Tribunal.
Member of the HKSAR Housing Appeal Panel.
Panel Arbitrator of the Wuhan Arbitration Commission.
Panel Arbitrator of the Shenzhen Court of International Arbitration.
Panel Arbitrator of the Shanghai International Arbitration Center.
Recommended Panel Arbitrator of South China International Arbitration Center (HK)
Chairman of the Law Society Consents Committee
Vice-Chairman of the Law Society Standing Commitee of Practitioners Affairs
Member of the Law Society Standing Committee of Standards and Development.
Member of the Law Society Standing Committee of Compliance.
Member of the Law Society Arbitration Committee.
Vice-Chairman of the Law Society Overseas Lawyers Qualification Examination (Eligibility and Exemption) Commitee
Panel of Intervention Agents of the Council of the Law Society of Hong Kong.
Member of the legal committee of the Football Association of Hong Kong, China.
Member of the disciplinary committee of the Football Association of Hong Kong, China
APPOINTMENTS/PUBLIC OFFICE:
LAW SCHOOLS:
(2002)
(2015)
Postgraduate Diploma in EU Competition Law (King’s College London)
(2003)
PCLL (University of Hong Kong)
LLB (Hons) (University of Hong Kong)
SCHOLARSHIPS & AWARDS:
(2001)
(2000)
Middle Temple Scholarship
Dean’s Honours List
LANGUAGES:
English and Chinese.