Career
Ernest has developed a successful practice which focuses on civil, public law and regulatory matters. He has appeared at all levels of Courts in Hong Kong and in administrative tribunals, including the Inland Revenue Board of Review and the Market Misconduct Tribunal. He has been recognised as a leading junior by Chambers & Partners and Legal 500 in commercial disputes, and administrative and public law.
In the context of commercial and company disputes, Ernest is a formidable advocate, known for his adept handling of complex litigation, particularly for asset recovery stemming from fraud and other misconduct. His strategic acumen, technical expertise and dedication to his clients have consistently yielded favourable outcomes contributing to his robust track record of success.
Ernest has a deep bench of niche experience in public law, navigating constitutional and human rights issues, town planning controversies, environmental concerns, taxation matters, and regulatory and disciplinary issues with precision and finesse. His versatility extends to advising on public international law matters, where his nuanced understanding and astute guidance have proven invaluable to clients, particularly in the context of complex global challenges.
Prior to joining the Bar, Ernest read social sciences and law at the University of Hong Kong with an emphasis on international relations and public international law. He received his Master of Laws (International Law) with Class I Honours from the University of Cambridge under the supervision of Prof. James Crawford S.C. on the strength of his study in international constitutional law. His dedication to public law and international relations was also evinced by his work at the International Criminal Tribunal for the Former Yugoslavia in The Hague with HH Judge Liu when he was an intern there, and contributed to several landmark decisions which shaped international jurisprudence.
Work Highlights
CIVIL FRAUD, ASSET RECOVERY & INJUNCTIVE RELIEF
The Yerrid Law Firm v Qianbaizi Trading Ltd CACV 170 & 331/2021
Acted for a United States law firm in its recovery action which engages the question of illegal acts in the recipient’s reliance on the defence of ministerial receipt
Pacific Rainbow International Inc v Shenzhen Wolverine Tech Ltd HCA 3023/2016
Acted for a corporate victim of fraud in the trial on proprietary claim and unjust enrichment against multiple layers’ recipients.
XY, LLC v Jesse Zhu HCA 3039/2016
Acted for the Plaintiff, a well known sex selection technology company in the United States, in its recovery action in aid of its action in Canada for over C$8.5 million against a number of wrongdoers in Hong Kong.
B.R. CAT International Co Ltd v HK Proof Import and Export Trading Co Ltd HCA 1023/2014 & CACV 182/2017
Acted for a major contracting and trading group of companies in Middle East and Africa in its recovery action in Hong Kong, which led to one of the first trials. Also successfully assisted the company to intervene in competing victim’s recovery action to safeguard its interest, resulting in one of the first decisions on tracing into multi-currencies account.
ADMINISTRATIVE & PUBLIC LAW, INTERNATIONAL LAW
Kwok Cheuk Kin v Secretary for Justice CACV 8, 10, 87, 88/2019
Judicial review on the constitutionality of the Co-Location Arrangement at the West Kowloon Station for the Guangzhou-Shenzhen-Hong Kong Express Rail Link.
Chan Ki Kau v Hong Kong Police Force HCAL 1747, 1753, 2671, 2703/2019
Judicial review on whether officers of the Hong Kong Police Force, including anti-riot police officers and the Special Tactical Contingent, also known as the “Raptors”, are required to display their unique identification numbers or other distinctive identification numbers or marks when carrying out non-covert duties.
Miu Hon Kit v The Stock Exchange of Hong Kong Ltd HCAL 496/2019
Judicial review in respect of disciplinary proceedings before the Listing Appeals Committee of the Hong Kong Stock Exchange.
Ho Loy v Director of Environmental Protection HCAL 21/2015
Judicial review on the Environmental Impact Assessment of the Third Runway of the Hong Kong International Airport.
COMMERCIAL LAW
Agency for Policy Coordination on State Property v Batbold Sukhbaatar HCMP 2153/2020
Striking out proceedings against former Mongolian Prime Minister Batbold in relation to the Erdenet Mine in Mongolia.
Agritrade Resources Ltd v Ashok Kumar Sahoo HCA 1660/2020
Acting for former CFO and ED against listed company’s action claiming breach of duties in relation a power plant project in India in which P’s group invested US$123.1 million.
Chan Kon Fong v Gallop Pioneer Ltd HCA 1357/2011
Acted for the Plaintiff in claims, valued at AUD 26 million, relating to an indirect acquisition in interest in a Tin mines in Renison in Tasmania with a multi-layered corporate structure involving participants (now defendants) such as Yunnan Tin Group’s (Colde: SHE 960) companies.
Re Masterveyor Holdings Ltd, HCMP 2054/2021 & HCA 859/2021
A series of interlocutory applications, including injunctions, to restrain disposal of shares and/or use of funds in subsidiary’s account against the context of a series of actions in relation to the majority stake in Steering Holdings Limited (Stock Code 1826)
ARBITRATION
Court Actions
G v A (2024) – Application for mandatory injunction in aid of arbitration concerning international sale of goods disputes.
A v B, B and Company A (2023) – Application for injunction and receivers in aid of arbitration concerning dispute on vessel investment agreements.
L v A (2023) – Acted for the respondent to resist application to set aside Award in relation to a charterparty dispute.
T v C (2022) – Application for Injunction in aid of arbitration concerning dispute on artiste agreements in Mainland China
KZ v KY HCCT 41/2019 – Acted for the applicant in resisting application to set aside enforcement of a Mainland arbitration award.
HZ Capital International Ltd v China Vocational Education Co Ltd HCCT 48/2016 – Acted for the investors in applying to set aside a Hong Kong arbitration award concerning an investment dispute in tertiary education in Mainland China.
Re Lucky Resources (HK) Ltd HCCW 89/2016 – Acted for the respondent to resist application for winding up, which engaged the question whether presentation of winding up petition constitute enforcement of an arbitration award.
Neo-Intelligence Holdings v Giant Crown Industries Ltd HCA 1127/2017 – Application for stay in favour of arbitration.
Arbitrations
HKIAC Rules (2024) – International sale of goods disputes.
HKIAC Rules (2020) – Ownership dispute as to coal mines in Mainland China.
HKIAC Rules (2020) – Disputes in relation to biomedical business operating in Mainland China, Korea and Japan etc.
LAND LAW, EQUITY & TRUST
Li v China Mobile Hong Kong Ltd DCCJ 617/2017; CAMP 344/2023 – Acted for China Mobile Hong Kong in defending against alleged trespass by antenna system built on houses in New Territories.
Kong v IO of Tai Wai Glamour Garden CACV 455/2018 – Acted for owners in action against incorporated owners in respect of external wall and breach of duties.
Kowloon Development Finance Ltd v Chan DCCJ 4650/2020 – Acted for occupiers in striking out writ of possession enforcement proceedings.
Adverse possession of agricultural lands: Siu v Teng DCCJ 2388/2017; Workwise Corporation v Ngai DCMP 1067/2018; Chan v Chau DCCJ 3943/2016 etc.
Adverse possession of urban lands: Lau v IO of Kiu Yu and Kiu Fat Mansion DCCJ 4753/2014; Chiu v IO of Kiu Yu and Kiu Fat Mansion DCCJ 5071/2014; Ho v IO of Kiu Yu and Kiu Fat Mansion DCCJ 2116/2015; U Po Chu v Tsang DCMP 467/2013; Chan v IO of Wing Hong Factory Building DCCJ 1736/2014 etc.
Adverse possession involving waters: Siu v Teng DCCJ 2388/2017.
Adverse possession involving airspace: Tang v Youngfield Limited CACV 329/2018.