Call: Hong Kong (2012)

Victor T.S. Lui

Hong Kong (2012)

Education

LLB (Hons.) University of Exeter
LLM King’s College London
LLM (China Law) Peking University
PCLL The University of Hong Kong

 

Qualifications

Accredited Mediator Centre for Effective Dispute Resolution (CEDR)
Mediator (General Panel) Hong Kong Mediation Accreditation Association Limited (HKMAAL)
Member Chartered Institute of Arbitrators (MCIArb)

Appointment and services

Current Appointments

Reviewer PCLL Conversion Examination Board
Member Standing Committee on Civic Education (SCCivEd), Hong Kong Bar Association
Member Standing Committee on Greater China Affairs(SCGCA), Hong Kong Bar Association
Member

Member

Committee on Arbitration (CArb), Hong Kong Bar Association

Committee on Construction Law (CConstL), Hong Kong Bar Association

Previous Appointments

Consultant

(Hong Kong Law)

    Zhejiang Tengfei Jinying Law Firm, P.R.C.
Editor
China Guiding Cases Project, School of Law, University of Stanford, U.S.A.
Editor
Basic Law Landmark Cases Promotional Campaign, Hong Kong
Member (2016-2017)
Special Committee on China Practice Development, Hong Kong Bar Association

Scholarships

Middle Temple Advocacy Scholarship

Publications

Editor Securities Law Looseleaf Service (LexisNexis)
Halsbury’s Laws of Hong Kong

– Arbitration (2016 Update)
– Arbitration (2012 Update)
– Bills of Exchange
– Civil Aviation

Halsbury’s Laws of Hong Kong Current Service

– Criminal Law
– Criminal Procedure
– Maritime Law
– Wills and Probate

Lexis Practical Guidance

– Solicitor and client costs
– Taxation of costs
– General Rules about costs
– Types of costs orders

Annotated Ordinances of Hong Kong

– Costs in Criminal Cases Ordinance
– Drug Trafficking (Recovery of Proceeds) Ordinance
– Independent Commission against Corruption Ordinance
– Organized and Serious Crimes Ordinance (2018 Update)
– Organized and Serious Crimes Ordinance (2016 Update)
– Summary Offences Ordinance
– Theft Ordinance
– Trade Descriptions Ordinance

Author “Nowhere to Hide – Directors be aware of personal liability for costs” (Hong Kong Lawyer, November 2018 issue) (co-authored with Mr. Lawrence Ng)

Practice profile

Victor practices both criminal and civil litigation. He joined Wong Man Kit SC’s Chambers in 2017 after five years at Liberty Chambers, which he joined in 2012 upon completion of his pupillages with Ms. Charlotte Draycott SC, Mr. Graham Harris SC, Ms. Lisa Remedios, Mr. Lawrence Ng and Mr. Richard Leung.

Victor has experience in being involved in the defence of criminal cases in the Court of Appeal, the High Court, the District Court and the Magistrates’ Courts. He has also prosecuted for the DOJ at the High Court and in the Magistrates’ Courts. In recent years his practice has focused on white collar cases such as money-laundering, complex commercial fraud and SFC regulatory matters.

Victor has a broad civil practice in a variety of practice areas. He is regularly instructed in his core practice areas of construction law, defamation law, matrimonial matters, land disputes, shipping law and costs/taxation matters. He has appeared at the Court of Appeal, the High Court, the District Court, the Family Court and the Lands Tribunal (both as sole counsel and being led as a junior counsel).

Victor is a CEDR Accredited Mediator and is listed on the Hong Kong Bar Association’s List of Mediators and the General Mediator Panel of the HKMAAL. He has been appointed as a mediator in various matters, including multi-party commercial disputes, company disputes, construction disputes, matrimonial disputes and property disputes.

Victor is a member of the Chartered Institute of Arbitrators. He is the editor of the 2012 and 2016 updates of the Halsbury’s Laws of Hong Kong (Arbitration). He has acted as Counsel in various arbitrations involving shipping matters.

Victor can conduct cases and draft pleadings in both English and Chinese. He speaks fluent English, Cantonese and Putonghua.

Language

Fluent in Cantonese, English and Putonghua.

Selected Cases

Criminal Litigation

HKSAR v Zheng Zhi Long (CACC 167/2018)

Acting for the Appellant in an appeal against a conviction of money laundering involving US$5million (led by Ms. Maggie Wong SC)

 

HKSAR v Tomoazki (ESCC 2590/2018)

Acted for the Defendant against a charge of money laundering arising from an alleged online romance scam. The Defendant was acquitted of the charge.

 

HKSAR v Chan, AGL (STCC 3575/2018; STS 4969/2018)

Acted for the Defendants in a case involving charge of being an employer of a person who is not lawfully employable. The Defendants were acquitted of the charge.

 

HKSAR v Choi (ESCC 3164/2018)

Acted for the Defendant in a case involving charges of indecent assault and common assault. The Defendant was acquitted of the charges.

 

HKSAR v Kim and others (ESCC 654/2017)

Acting for the 2nd and 3rd Defendants in a case involving charges of breach of condition of stay and practicing medicine without a licence. Upon written representations made by Counsel, the Department of Justice offered no evidence against the 2nd and 3rd Defendants upon an application made by the 2nd and 3rd Defendants.

 

HKSAR v Lew (STS 772/2016)

Acted for the Defendant against a charge of unlawful occupation of unleased land. The Defendant was acquitted of the charge.

 

HKSAR v Wong and others (KCCC 3903/2014)

Acted for the Defendant in a case involving a charge of “being engaged in Aggressive Commercial Practices” defined in s.13F of the Trade Descriptions Ordinance (Cap. 362)

 

HKSAR v Yuen and another (KCCC 4079/2014)

Acted for the Defendant in a case involving charges of aiding and abetting a breach of condition of stay and operating a guesthouse without a certificate of exemption or a licence

 

HKSAR v Wang (HCCC 256/2012)

Acted for the Prosecution in a case involving charges of rape and possession of a dangerous drug (led by Ms. Lisa Remedios)

 

Re ECCIL

Acted for the Company in Restraint Order proceedings

 

Commercial Litigation

Fuji Xerox (Hong Kong) Limited v Modern Education Group Limited (HCA 1459/2019)

Acted for the Plaintiff in a claim for outstanding service payments of HK$2.8M and obtained summary judgment against the Defendant

 

Li Yong Hong, Huang Qingbo v Best Fame International Capital Limited (HCA 273/2019)

Acted for the Defendants in a claim for the sum of HK$35.5M and resisted an application for summary judgment

 

VIP Watch Jewellery Company Limited v Zhang Yan [2019] HKDC 404

Acted for the Defendant in a claim based on conversion of a luxury watch. The Court ruled in favour of the Defendant and dismissed the Plaintiff’s claim after trial.

 

AALL & Zyleman Company Ltd v Emirate Distributors Ltd (HCA 1828/2015)

Acting for the Defendants against a claim for negligence in the sum of US$1.89M (led by Mr. Lawrence Ng)

 

FCL China Development Pte Ltd and anor. v Lai Yuen Ling and others (FAMV 40/2015)

Acted for the Defendants in leave application to the Court of Final Appeal in dispute regarding settlement deeds in the sums of US$5.7M and RMB 0.79M (led by Mr. John Scott S.C.)

 

Beijing Corporation Investment Limited (in Liquidation) v Sui Ka Man (HCA 2551/2014)

Acted for the Defendant against claims in the sum of HK$5M based on unjust enrichment (led by Mr. Anson Wong S.C.)

 

Kinetics Medical and Health Group Limited and ors. v Dr. Tse Ivan Cheong Yau (HCA 1115/2010)

Acted for the Defendant against a claim by a medical corporation regarding the outstanding purchase price of a medical clinic (led by Mr. Lawrence Ng).

 

Chan Yuen Tung v Ko Kin Hang (HCA 1864/2013)

Acted for the Defendant in dispute regarding subscription agreement for shares in a listed company

 

Re Ocean Ever Company Limited (HCA 1821/2014)

Acted for the Defendant in case involving money had and received/unjust enrichment.

 

Re Oceanwin Global Limited (HCA 1886/2014)

Acted for the Defendant in case involving alleged shareholder’s loan to company. Obtained an order for security for costs against the Plaintiff. The Plaintiff ultimately withdrew the claim against the Defendant.

 

Re China Metal Recycling (Holdings) Limited (HCA 1412/2013)

Acted for the 2nd Defendant in case involving alleged breach of director’s duties

 

Re Jiang Hong Yan and another (HCA 2673/2017)

Acted for the Plaintiffs in an action for specific performance of a contract and application for interim injunctive relief

 

Re Ip Ming Hon Vincent (HCA 773/2019)

Acted for the Plaintiff in claim regarding operation of competing business and breach of fiduciary duties (led by Mr. Lawrence Ng)

 

Re Lu Young De (HCA 1501/2017)

Obtained injunctive relief for the plaintiff in a trust property dispute (led by Mr. Lawrence Ng)

 

Re American Lighting Inc (HCA 1352/2016)

Obtained injunctive relief for a USA company in an email fraud case.

 

Re IBoss Business Consultation Limited (DCCJ 4623/2014)

Acting for the Defendant in dispute arising from sale of business

 

Re Rise Honest International Limited (HCA 2018/2014)

Acting for the Plaintiff in setting aside application

 

Re Ego Finance Limited (DCCJ 5142/2015)

Acting for the Plaintiff in setting aside application

 

Re Ego Finance Limited (DCCJ 2810/2012)

Acted for the Plaintiff in setting aside application

 

Re World International Development (BVI) Limited (HCA 1482/2010)

Advised the liquidators in shares dispute

 

Companies Litigation

Re Plentiful Mark Limited (HCMP 525/2020)

Acted for the Plaintiff in action regarding the validity of winding-up commenced by s.228A of the CWUMPO and obtained relief sought

 

Re Plentiful Mark Limited (HCMP 2288/2019)

Acted for the Defendant in action regarding claims of unfair preferences pursuant to s.266 of the CWUMPO. The Plaintiff’s claim was withdrawn upon the Defendant’s application to the Court to stay the action.

 

Re Peking Fur Factory (Hong Kong) Limited [2019] HKCFI 2141

Acted for the Plaintiffs in action regarding the validity of the purported creditor’s voluntary winding-up of the company and obtained relief sought (led by Mr. Clifford Smith S.C.)

 

Re Happily Limited (HCA 776/2018)

Acting for the 1st Defendant in a claim of alleged breach of director’s fiduciary duties

 

Re DBI Innovations Limited (HCCW 204/2015)

Acted for the Petitioner in Winding Up Petition.

 

Re Tes Asia Pacific Limited (HCCW 202/2014)

Acted for the Respondents in Winding Up Petition/application for injunction

 

Re Pasco (Hong Kong) Limited (HCA 2795/2016)

Acting for the 2nd and 3rd Defendants in a derivative action

 

Re KMK (HCMP 2812/2016)

Acted for the Plaintiff in application under s.631 of the Companies Ordinance

 

Re Umicore AG (HK) Limited

Acted for the Respondent in application under s.108(1)(a) of the Companies Ordinance

 

Re Winland Finance Limited

Acting for the Applicant in application under s.757 of the Companies Ordinance

 

Construction Litigation

Re Chubb Hong Kong Limited [2018] HKDC 717

Acted for the Defendant in contractual dispute over fire system installation project. The Court ruled in favour of the Defendant and dismissed the Plaintiff’s claim (whilst allowing the Defendant’s counterclaim) after trial.

 

Re Yutron Tech (Hong Kong) Limited (DCCJ 5735/2016)

Acting for the Plaintiff in contractual dispute over renovation project

 

Re Vicki Engineering Company Limited (DCCJ 991/2016)

Acting for the Plaintiff in contractual dispute over renovation project

 

Re Jingo Interior Design (Hong Kong) Limited (DCCJ 5576/2015)

Acting for the Plaintiff in contractual dispute over interior fitting out project

 

Re APS Construction Systems (International) Limited (DCCJ 1381/2015)

Acting for the Defendant in contractual dispute over construction project

 

Costs/ Taxation

Big Island Construction (HK) Limited v Wu Yi Development Company Limited and others [2018] 2 HKLRD 1145; [2018] HKCFI 899

Acted for the defendants and obtained a personal costs order against the director of the plaintiff pursuant to s.52A(1) of the High Court Ordinance (led by Mr. Lawrence Ng)

 

Re Ng Kwok Wah, Vincent & Others [2019] HKCFI 1157

Acted for the 4th to 6th Defendants and resisted an application for a personal costs order being made against them pursuant to s.52A(1) of the High Court Ordinance

 

Re Henry Wan & Yeung (a firm) (HCMP 238/2019)

Acting for the Plaintiffs in taxation proceedings against former solicitors arising from various High Court and District Court actions. Obtained order for taxation of bills pursuant to s.67(2) of the Legal Practitioners Ordinance (Cap. 159).

 

Re Edmond Cheung & Co (a firm) (HCMP 1941/2018)

Acted for the Plaintiff in taxation proceedings against former solicitors arising from earlier matrimonial proceedings.

 

Re Robin Bridge & John Liu (a firm) (HCMP 1323/2018)

Acted for the Plaintiff in taxation proceedings against former solicitors arising from a District Court civil action involving a land dispute.

 

Re Davis Polk & Wardwell (a firm) (HCMP 67/2017)

Acted for the Plaintiff in taxation proceedings against former solicitors arising from a High Court civil action involving a claim from liquidators. Obtained order for taxation of bills pursuant to s.67(2) of the Legal Practitioners Ordinance (Cap. 159).

 

Re JEK (HCMP 468/2015; HCMP 757/2015; CACV 98/2015; CACV 125/2015)

Acted for the paying party in taxation proceedings. Obtained an order for the costs payable to be reduced on the basis of the receiving party’s delay in commencing taxation proceedings.

 

Re KC Ho & Fong (a firm) (HCMP 61/2014, HCA 2365/2013)

Acted for the Plaintiff in taxation proceedings against former solicitors arising from earlier matrimonial appeal proceedings. Successfully sought taxation of bills pursuant to s.67(2) of the Legal Practitioners Ordinance (Cap. 159).

 

Re Winston & Strawn (a firm) (HCMP1808/2014)

Acted for the Plaintiff in taxation proceedings against former solicitors. Obtained order for taxation of bills pursuant to s.67(2) of the Legal Practitioners Ordinance (Cap. 159) and obtained order for partial return of interim payment.

 

Re Oldham, Li & Nie (a firm) (HCA 200/2014)

Acted for the Defendant in a summary judgment application involving costs disputes against former solicitors.

 

Re Withers (a firm) [2018] HKCFI 509; [2019] HKCFI 325

Acting for the firm in taxation proceedings against former client. Resisted taxation of four bills and resisted the former client’s argument that the Court had a common law jurisdiction to tax the bills out of time.

 

Re Joseph Leung & Associates (a firm) (HCMP 2046/2009)

Acted for an interested party seeking to set aside a Writ of Subpoena Duces Tecum in a costs dispute..

 

Re Withers (a firm) (HCMP 1162/2016)

Acting for the firm in taxation proceedings against former client.

 

Re Everglory Energy Limited (HCCW 173/2018)

Acted for the shareholder of the company in costs disputes against directors appointed pursuant to a Reconstitution Order

 

Re Ho & Ip (a firm) (HCMP 361/2013)

Acting for the Plaintiff in taxation proceedings against former solicitors

 

Re KCY (HCMC 11/2010)

Acted for the receiving party in taxation proceedings

 

HKSAR v WKYH

Acting for the receiving party in taxation proceedings arising from the Defendant’s acquittal in a criminal case in the District Court

 

Defamation

Chan Kwing Chiu and anor. v Chan Chi Kau (CACV 209/2012)

Acted for Plaintiffs in a defamation action in respect of owners’ committee disputes. Successful appeal against Defendant’s counterclaim (led by Mr. Lawrence Ng)

 

Yu Sau Ning Homer v Wong Wan Keung and ors. (DCCJ 313/2016)

Acted for the Plaintiff in a 17-day trial of a defamation action in respect of articles alleging wrongdoings of the Plaintiff during his role as the Chairman of the Incorporated Owners (led by Mr. Lawrence Ng). Judgment was ordered in favour of the Plaintiff in the total sum of HK$1,000,000.

 

Dr. Chan Hin Keung Henry v Apple Daily Limited and ors. (CACV 100/2015; DCCJ 1474/2013)

Acting for the Plaintiff in a defamation action in respect of newspaper articles alleging involvement of Plaintiff in pyramid sales activities (led by Mr. Lawrence Ng)

 

Noble Group Limited v Arnaud Vagner and another (HCA 594/2015)

Acted for the Defendants in an action regarding conspiracy to use unlawful means and conspiracy to injure via publication of articles online (led by Mr. Lawrence Ng)

 

Korean International School and ors v Lee Kyung Ok and anor (HCA 2910/2017)

Acting for the Plaintiffs in a defamation action in respect of articles alleging wrongdoings of the Korean International School, Korean Residents Association and the Chairman of the Board of Directors of the Korean International School

 

Lee Fung Sin v Hui Tat Hung, Allan (DCCJ 5351/2017)

Acting for the Plaintiff in a defamation action regarding an article circulated to members of an interest group

 

Li Kui Hing v Tsang Suet Fong (DCCJ 4011/2017)

Acting for the Defendant in a defamation action regarding messages circulated in a discussion group of a shopping arcade

 

Re CHHS (DCCJ 1521/2015)

Acted for the Plaintiff in a defamation action regarding dispute in a local university.

 

Employment Disputes

Ines Yip v Rayben International Holdings Limited (HCA 1010/2018)

Acting for the defendant in claim by former CEO regarding summary dismissal

 

Ralf Schmidtke v Schmid China Limited (HCA 2458/2017)

Acting for the defendant in claim regarding outstanding salaries and rental allowance

 

Re Gold Field Property Agency Limited (DCCJ 4849/2014)
Obtained injunctive relief for a real estate agency against former employees who were in breach of their employment contracts

 

Intellectual Property

Re Hivi Co Ltd

Acted for the Owners in Trademark Revocation Application

 

Re Real Estate Agencies General Association

Passing Off action. Successfully sought relief from the Companies Registry which ordered the company name of another company to be changed.

 

Judicial Review

Re B (HCAL 31/2014)

Acted for the Applicant “B” and sought leave for judicial review against the Takeovers and Mergers Panel of the Securities and Futures Commission

 

Re Takeovers and Mergers Panel of the Securities and Futures Commission   (HCAL 31/2014)

Acted for the applicant in seeking urgent relief against timetabling decision of the Takeovers and Mergers Panel of the Securities and Futures Commission

 

Land Disputes

Hau Gay Yau v Wong Muk Din (CACV 15/2014; DCCJ 1052/2010)

Acted for the Plaintiff in dispute over recovery of land. Successful appeal in Court of Appeal against judgment in the District Court.

 

Ego Finance Limited v Cham Kin Man [2018] 3 HKLRD 341;[2018] HKDC 741

Acted for the Plaintiff and obtained an order for sale of a property. The Court ruled in favour of the Plaintiff on both legal issues before the Court.

 

Re Central Southwood Limited [2018] HKDC 1447

Acted for the 2nd Defendant in dispute over an alleged common intention constructive trust over a property. The Court ruled in favour of the 2nd Defendant and dismissed the claims of the Plaintiffs after trial.

 

Re The Shek O Development Company Limited  [2017] 2 HKLRD 374

Acting for various defendants in claims for adverse possession of various properties at Shek O Village

 

Ng Hing Yau, Pakco Property Services Limited v Kong Art Limited (HCA 1367/2016)

Acting for the Plaintiffs in seeking injunctive relief against ex-manager of a shopping arcade

 

Kingfield Investment Limited v Pakco Property Services Limited, Ng Hing Yau (HCA 1536/2016)

Acting for the Defendants in dispute over common facilities of a shopping arcade (led by Mr. Raymond Tsui).

 

Kingfield Investment Limited v Pakco Property Services Limited, Ng Hing Yau (HCA 1536/2016)

Acting for the Defendants in injunction application regarding air-conditioning facilities of a shopping arcade (led by Mr. CY Li SC).

 

Re The Shek O Development Company Limited (HCMPs 1793, 1794, 1797/2000)

Acting for various defendants in claims for adverse possession of various properties at Shek O Village

 

Wong Wing Keung v The Incorporated Owners of Kwong Wing Building (Mong Kok Road) (DCMP 1449/2018)

Acting for the Plaintiff in a claim for adverse possession of a stall

 

Yeung Kwai Chuen and another v Yeung Kwai Yau and others  (HCMP 321/2018)

Acted for the Plaintiffs in a striking out application by the 3rd Defendant (in relation to the Plaintiffs’ claim for an order for sale and declaratory relief regarding a tenancy agreement) which was dismissed by the Court.

 

Dah Sing Bank Limited v Rich Star Investment Development Limited [2020] HKCFI 1251 

Acting for the defendants in a mortgagee action regarding recovery of properties

 

Re LYMJ (HCMP 1901/2014)

Acting for the applicant for relief under s.8(2) of the Government Rights (Re-Entry and Vesting Remedies) ordinance

 

Re CWK (HCMP 2823/2013)

Acted for the Plaintiff and sought orders regarding application for adverse possession of a property

 

Re HK (HCA 1524/2017; DCCJ 3137/2017)

Acted for the Plaintiff in matter concerning properties held on trust

 

Re CST (HCA 788/2006)

Acting for the 3rd Defendant on matter concerning purchase of property

 

Re KKK/TOK (DCCJ 2031/2017)

Acting for the Plaintiffs in dispute over right of way

 

Re NCS/CSK (DCCJ 694/2014)

Acting for the defendants on matter concerning registration of lis pendens

 

Re Palking Limited (DCCJ 4395/2016)

Acting for the Plaintiff in claim for damages arising from water leakage

 

Re Ego Finance Limited (DCCJ 1446/2015)

Acted for the 2nd Defendant in land dispute

 

Re Incorporated Owners of San Po Kong Mansion (DCCJ 1229/2012; DCCJ 1270/2012)

Acted for the ex- Vice Chairman and Treasurer of the Incorporated Owners regarding allegations of misappropriation of funds

 

Re Casio Mansion (LDBM 173/2013; LDBM 213/2013)

Acted for the Applicant in respect of building management disputes

 

Re The State Theatre Building (LDBM 154/2015)

Acting for the Respondents in action against the Incorporated Owners and counterclaim for adverse possession

 

Re Hoi Hing Building (LDBM 185/2015)

Acted for the Respondent in action against the Incorporated Owners regarding water leakage

 

Re Shiu Fung Mansion (LDBM 341/2014)

Acted for the Respondents in action against the Incorporated Owners regarding use of alleged common area

 

 

Matrimonial

CSJ v CTK

Custody (led by Ms. Lisa Remedios)

 

TL v YSW aka WSY

Ancillary Relief (led by Ms. Lisa Remedios)

 

IMCL aka LMCI v FYF aka FFY

Maintenance pending suit and Ancillary Relief

 

WKY v CMY

Variation of maintenance

 

Personal Injuries

Re TLF (HCMP 574/2019)

Acted for the plaintiff and obtained the Court’s approval for a settlement offer pursuant to O.80 r.11 of the RHC

 

Re TWN

Advised the plaintiff in a High Court personal injuries action.

 

Re CTH

Advised the plaintiff in a High Court personal injuries action.

 

Probate

Au Susan and others v Au Kwan Yick and others (HCA 2249/2018)

Administration of estate

 

Wong Yuen Han v Wong Shing Chung and others (HCA 458/2013)

Administration of estate

 

Re Estate of PF

Validity of will, grant of probate

 

Re Estate of TKC

Administration of estate

 

Re Estate of YSK

Rectification of will

 

Re Estate of CWH

Revocation of Letters of Administration

 

Re Estate of LSK

Application for financial provision pursuant to Inheritance (Provision for Family and Dependents Ordinance)

 

Shipping

Re MVE

Acted for sub charterers and guarantors in shipping arbitration proceedings (LMAA Terms 2012)

 

Re MVG

Acted for sub charterers and guarantors in shipping arbitration proceedings (LMAA Terms 2012)

 

Re MVR

Acted for sub charterers and guarantors in shipping arbitration proceedings (LMAA Terms 2012)

 

Re MVYXX

Acted for the Respondents in shipping arbitration proceedings (LMAA Terms 2012)

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