Vincent Chen

Call

2008 (Hong Kong)

Languages

English, Cantonese, Mandarin

Areas of Practice

Commercial & Banking Law
Companies
Confidentiality & Privacy
Construction
Contract
Defamation
Employment
Equity & Trusts
Injunction & Contempt
Insolvency
Insurance
Mental Health
Probate & Succession
Professional Liability
Property & Land
Regulatory & Disciplinary
Tax
Unjust Enrichment

Contact

Secretary: Ms. Estel Lai
[email protected]

Vincent was called to the Hong Kong Bar in 2008 and has since developed a broad range of civil practice focusing on commercial litigation and corporate insolvency matters. He receives instructions to appear in all levels of courts in Hong Kong and render advice on all civil matters (whether procedural or substantive) and in arbitration.

From 2013 to 2018, he was a member of the Company Law Panel of the Hong Kong Bar Association and was invited to give comments on the legislative reforms regarding, inter alia, the Companies Ordinance and the Securities and Futures Ordinance. Vincent is currently a member of the Financial and Securities Law Panel of the Hong Kong Bar Association.

  • L.L.M (Corporate and Commercial Law), The London School of Economics and Political Science
  • LL.B. (Hons.), The University of Hong Kong – Dean’s Honour List
  • Exchange Studies, Warwick University
  • P.C.LL., The University of Hong Kong
  • The University of Hong Kong – Dean’s Honour List (2003 – 2005)
  • Member of the Company Law Panel of the Hong Kong Bar Association (from 2013 to 2018)
  • Member of the Financial and Securities Law Panel of the Hong Kong Bar Association (current)

Arbitration

  • Rendering expert opinion on Hong Kong laws (contractual dispute) in an arbitration before the China International Economy and Trade Arbitration Commission (中国国际经济贸易仲裁委员会)
  • Arbitration hearing before two Senior Counsel in Hong Kong and one Senior Counsel in Singapore, led by John Jarvis QC and Linda Chan SC, concerning a pharmaceutical company in the PRC

Construction Disputes

  • Hsin Chong Aster Building Services Limited v Queensway Investments Limited (HCCT 61/2018) — construction dispute between the plumbing and drainage contractor and its employer over works at a property development in Tsuen Wan
  • Uni-Spark v Danny Cheng Interiors (HCA 1414/2018) — renovation and construction dispute regarding a project in Mid-Levels
  • Danny Cheng Interiors Limited v Wong Yin Yee (HCA2435/2014) — renovation and construction dispute regarding a project in Tai Po
  • Numerous prosecutions against construction companies for breach of different construction-related Ordinances

Building Management Disputes

  • Guardian Property Management Limited v Chan Kai Chong (LDBM 19 / 2011) — whether alteration(s) of the style and colour of windows in a multi-stories building a breach of the DMC
  • The Incorporated Owners of Golden Castle Mansion v King’s Development Company Limited (LDBM 328/2011) — action to recover unpaid management fees
  • 新蒲崗渣打銀行大廈業主立案法團 v冠多國際有限公司 (LDBM 26/2016) — whether the respondent should be responsible for charges for the installation of a new fire system

Insolvency Matters/Shareholders’ Disputes

  • Re Silver Base International Development Co. Limited (銀基國際發展有限公司) [2022] HKCFI 1793 — successfully obtained a winding up order of the principal subsidiary of a HK listed company based on a debt of HK$43,922,031.30, led by Jin Pao SC)
  • Re Kwok Chi Construction Materials Limited (HCMP 2536/2017) — representing the minority shareholder in a unfair prejudice petition (including winding-up on just and equitable ground) concerning a construction materials company in HK, asking for, inter alia, the appointment of a receiver and manager in the interim period
  • Re New Horizon International Investment Limited (HCCW 345/2013) — representing the directors in a company in liquidation under an application pursuant to s.286B of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32)
  • Re Asia Entertainment Group Limited (HCCW 157/2013) — representing the directors in a company in liquidation in a private examination application under s.221 of the former Company Ordinance (Cap. 32), concerning the contracts of the actress Ms Cecilia Cheung
  • Re Yuen Kay Ming Hung Kei Maxicab Company Limited (HCMP 3343/2015) — shareholders’ dispute regarding the management of a mini-bus company in Hong Kong
  • Re Wins Toy Manufacturing (HK) Limited (HCCW 315/2016) — allegation of divesting of a PRC subsidiary of the Company by the majority shareholders was made by the minority shareholders, involving a toy-making company in Hong Kong and Taiwan
  • Re Health Links Development Limited (HCCW 152/2013) — successfully defending an unfair prejudice petition for and on behalf of the majority shareholders in a health-care company in Hong Kong

Commercial Litigation

  • Chan Shu Chun (陳書春) & Anor v Dr Kung Yan Sum (龔仁心) [2023] HKCFI 840 — representing the plaintiff in a claim of conspiracy of defraud against a range of defendants
  • Hu Lan (胡蘭) v David Golden (達偉) [2023] HKCFI 873 — successfully defending the defendant in a loan claim involving USD8.6 million
  • Ngan In Leng and Others v Chu Yuet Wah [2022] HKCFI 558 — successfully defended an action based on an alleged share purchase guarantee worth HK$500 million, involving the sale and purchase of Hotel Casa Real in Macau, led by Mr. Robert Whitehead SC
  • Shown Wai Investment Company Limited v Hui Yip Wing David (HCA 2959/2015) — representing the Defendant in defending a claim of breach of fiduciary duty by a subsidiary of the Chinachem Group
  • Convoy Global Holdings Limited & Ors v Cho Kwai Chee Roy & Ors (HCA 2922/2017) — representing the 5th Defendant in defending claims of conspiracy to participate in an alleged circular financing arrangement
  • Li King Keung v Pu Mei Lee Teresa (HCA 341/2013) — representing the Defendant in this action concerning the beneficial interest of the BVI company holding 11 houses in Lamma Island
  • Ubiquiti Networks International Limited v Chan Kim Chuen & Others (unreported, HCA 1606/2016, 26 May 2017) — defending the defendants in what was described by the judge as a large-scale international internet fraud, led by Mr Robert Whitehead SC
  • Revelry Gains Ltd v Joy Rich Development Ltd And Others [2017] 1 HKLRD 769 — defending a creditor/contributory application to intervene in a mortgage action on behalf of a company in liquidation, led by Ms Linda Chan SC
  • The Building and Loan Agency (Asia) Ltd v Joy Rich Development Ltd (HCMP 1887/2012) — enforcing a floating charge for a subsidiary of a listed company in Hong Kong, led by Ms Linda Chan SC
  • Desarrollo Inmobiliario v Kader Holdings Limited [2014] 1 HKLRD 419 — applying for security for costs against a plaintiff which sought to enforce a U.S. Arizona Court award in Hong Kong, led by Mr Robert Whitehead SC
  • Pacific Electric Wire & Cable Co Ltd v Hu Hung Chiu & Others (2014) 17 HKCFAR 710 — defending claim alleging breach of fiduciary duties against a former director of a Taiwanese company (formerly listed) and false accounting, led by Mr Robert Whitehead SC and appeared together with Mr Steven Kwan

Injunction

  • Realord Group Holdings Limited v Win Dynamic Limited (HCA 716/2021) — successfully applied for an inter partes injunction against the majority shareholder of the Sincere Company Limited from disposing of the proceeds of a General Offer, to the tune of HK$260 million, led by Jin Pao SC
  • Wong Wai Kwan v Tse Tsz King (HCA 319/2018) — injunction application in a family dispute involving $10 million worth of assets
  • Korean International School v Jung Keumhyun (HCA 454 /2017) — injunction application to evict a former principal of the International School from the school premises
  • Hang Heung Cake Shop Company Limited v Tsoi Chik Sang Lawrence (HCA 3351/2016) — defending an injunction application involving trademark infringements
  • Yuen Cheung Shing v Yuen Kay Ming & Ors (HCA 3422/2016) — freezing assets injunction
  • Speedy Brilliant Investments Limited v China Health Group Limited (HCA 598/2016) injunction for an order to inspect and to take copies of the latest register of members of a company
  • D’souza Loy Philip v Glen Rodrigues (HCA 1401/2015)freezing assets injunction
  • Zhao Chao v Medicare Development Company Limited (HCMP 1412/2015) — defending an injunction application that a former director of a listed company should be re-instated as a director
  • Sum Kee Construction Limited And Continental Engineering Corporation Trading as Sum Kee – Cec Joint Venture v Right Lead Construction Company Limited (HCA 1032/2014) — injunction application preventing trespasses
  • International Social Service (Hong Kong Branch) v Ismail Kamel Ismail Hassan Ismail (HCA 271/2014) — injunction application to evict trespassers from the plaintiff’s offices

Defamation

  • International Social Services (HK Branch) v Vision First Limited (HCA 683/2014) — libel claim arising out of the publications made by a refugees’ group on the internet
  • Lam Ping Cheung v Yao Yuan and Mingyuan Medicare Development Company Limited (HCA 1517/2015) — defending a libel claim arising out of the publication made by a listed company through the Hong Kong Stock Exchange
  • Kwan Kang Hung & Hang Yick Properties Management Limited v Ho Ping Chiu (HCA 824/2010) — libel claim arising out of a building management dispute
  • Well Born Real Estate Management Ltd v Lee Tak Lun Andrew (Also known as Andrew Lee) [2023] HKDC 430 — representing the defendant in a libel claim in a building management dispute

Miscellaneous

  • Wong Wai Ping v The Incorporated Owners of Mount Parker Lodge [2023] HKDC 249 — successfully defending the IO against a water seepage claim by one of the owners
  • Re China Agrotech Holdings Limited (HCCW 325/2014) — application for a validation order for proposed transfer of shares in a HK listed company which was wound up
  • Nifa-Instrumenten B.V. v Hang Seng Bank Limited (HCMP 1162/2017) — application for a Norwich Pharmacal discovery order in an email fraud case
  • Holly Key Investment Limited v Jin & Chun Corporation Limited (unreported, DCDT 1303/2017, 4 August 2017) — dealing with, inter alia, the law point whether the duty to make full and frank disclosure applies in a distress proceedings
  • Rank Profit Industries Ltd v Director of Lands (FAMV 7/2009) — a judicial review application to challenge the director of land’s decision to impose additional conditions in a lease modification, led by Mr Nigel Pleming QC and Mr Anthony Neoh SC and appeared together with Mr Valentine Yim
  • Dr Alice Li Miu Ling v The Hong Kong Polytechnic University (DCEO 1/2004) — defending Hong Kong Polytechnic University against the sexual harassment claim made by one of its former employees, led by Mr Selwyn Yu SC
  • HKSAR v Tam Hung (CACC 127/2010) — defending a defendant charged with money laundering involving casinos in Myanmar, led by Mr Ching Y Wong SC and appeared together with Mr Adonis Cheung

Litigation Related to the Mental Health Ordinance

  • Re Cheng Man Lin (HCMH 23/2018) — represented the Committee in the recovery of assets worth HK$10 million, upon the instruction of the official solicitor
  • Re Lai Tai Tai (HCMH 34/2018) — successfully resisted an application for a committee order under Part II of the Mental Health Ordinance
  • Shu Xinyue (舒新月) v Lim Wa (亷華) (HCMC 8/2011) — represented the respondent who is a mentally incapacitated person in the matrimonial proceedings, upon the instruction of the official solicitor, led by Robert Pang SC

Tax Related Matters

  • Re the Estate of Tang Wing Cheung, the Deceased (unreported, HCED 1/2013, 23 October 2017) — appeal against the estate duty assessment regarding a promissory note worth HK$110 million
  • Ng Yim (吳艷) v Fongs (方氏律師事務所) (HCA 279/2020) — a claim against solicitors regarding negligence in advice on stamp duties
  • Yung Sui Kwan v Cheung Ka Wai And Chan Kin Sang Trading As Kelvin Cheung & Company Solicitors (A Firm) (DCCJ 3390/2021) — a claim against solicitors regarding negligence in advice on stamp duties