CHING HIM HO

Regulatory

• Securities and Futures Commission v Chris James Aarons SFAT 1/2021 (led by Peter Duncan SC) – appeared for the successful applicant in reviewing disciplinary decisions taken by the Securities and Futures Commission, involving issues of wall-crossing, block trades and hedging exercises

Land / Building Management

• ACA (Group) Limited v Persons trespassing to Sub-sections 11, 12, 14, 21 and 23 of Section C of Lot 644 and Sub-sections 6 and 46 of Section D of Lot 644 in Demarcation District 125 & Others HCA 30/2022 (sole advocate) – successfully obtained an interim injunction to restrain unidentified persons from trespassing and damaging properties

• Sha Lo Tung Development Company Limited 及另二人 對 張偉國及另四人HCA 2923/2018 (sole advocate) – successfully resisted an application to discharge interim injunction, involving issues of an applicant’s locus standi to sue on behalf of Tso/Tong

• Kingfield Investment Development Limited v Pakco Property Services Limited and Ng Hing Yau HCA 1536 / 2016 – acted for the defendants (by original action) and plaintiffs (by counterclaim), involving issues of trespass, expert evidence on mesne profits, DMC interpretation and quasi-easement

• [2023] HKCFI 571 (sole advocate) – successfully resisted an application to adduce evidence out of time

• [2023] HKCFI 1105 (with Tony Ko) – successfully obtained variations to an injunction

• Pakco Property Services Ltd v Mega Well Construction Engineering Ltd HCA 390/2023 (sole advocate) - successfully obtained a judgment in default, involving issues of breaches of negative covenants in DMC, estoppel by acquiescence and implied licence

• 蔡海英及龐維光 對 蕭伯明 HCA 1471/2023 (sole advocate) – acted for the defendant and successfully struck out the claim with costs for want of a reasonable cause of action

• Sim Chan Kam v Incorporated Owners of Wai Sun Building LDMP 1/2023 (with Albert Cheung) – resisted contempt of court application against the Incorporated Owners

• DES Property Services Ltd v 來發地產 and Others DMCP 1538/2022 (sole advocate) – acted for the plaintiff for an order for vacant possession and injunction to restrain defendants from erecting unauthorised building works

Commercial

• Shung King Development Company Limited v M Kitchen Limited and Others HCA 645/2022 (sole advocate) – successfully obtained summary judgment for a landlord, involving issues of misrepresentation, undue influence, unconscionable conducts and non est factum

• Yu Sze Wan & Yu Ming Yow Billy v Silver Hope Limited HCSD 37-38/2021 (with Tony Ko) – acted for the applicants to set aside statutory demands

• Re Imperial Pacific International Holdings Limited HCCW 408/2023 (sole advocate) – successfully obtained an adjournment for the Respondent company pending debt restructuring scheme

• Koo Wai Lau v Wong Kin Sun HCA 875/2021 (sole advocate) – resisted summary judgment for outstanding debt over HK$24 million

• Lau Siu Hang v Persons Unknown DCCJ 130/2024 (sole advocate) – successfully obtained a cryptocurrency injunction against unknown persons and disclosure order against cryptocurrency trading platforms

• Join Fortune Development Limited and Another v Puzzle Dining Limited and Others DCCJ 3984/2023 (sole advocate) - successfully obtained summary judgment for a landlord, involving issues of misrepresentation, undue influence, unconscionable conducts and non est factum

Election Affairs

• Kwan Yui Huen v Secretary for Justice HCMP 458/2022 (with Lewis Law) – acted for the applicant and successfully obtained relief under Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554)

Judicial Review

• AR v Torture Claims Appeal Board / Non-Refoulement Claims Petition Office and Director of Immigration HCAL 2506/2020 (sole advocate) – acted for the applicant for leave to apply for judicial review involving issues of the correct standard of proof required from a torture claimant

Criminal

• HKSAR v Lee Ka Tin, Christian (D4) HCCC 164/2022 & HCCC 255/2023 (with Priscilia Lam)– secured unanimous acquittals for all 4 charges, successfully defended one of the defendants charged with conspiracy to commit bombing of prescribed objects under United Nations (Anti-Terrorism Measures) Ordinance (Cap 575), conspiracy to cause explosion, conspiracy to commit murder and possession of arms and ammunition with intent to endanger life

• 香港特別行政區 訴 港消新基有限公司 HCMA 295/2020 (led by Martin Hui SC) –successfully appealed against conviction of offences under Mandatory Provident Fund Schemes Ordinance (Cap 485), involving issues of the Browne v Dunn principle and the application of Poon Chau Nam test regarding “employees”

• HKSAR v Lam Yee-hang and another KCCC 3224/2021 (led by Martin Hui SC) – acted for the defendant charged with corrupt transactions with agents

• HKSAR v Lo Kin Lok DCCC 274/2023 (sole advocate) – acted for the defendant charged with criminal damage and arson being reckless as to whether life would be endangered

• HKSAR v Han Chang Woo ESCC 1512/2022 (sole advocate) – acted for the defendant and successfully obtained a bind-over order for drugs offences

• HKSAR v YHM FLCC 1130/2022 (sole advocate) – acted for the defendant charged with wilful assault causing injury to a child and successfully obtained a probation order

• 香港特別行政區 訴 中島優美 KCCC 2587/2022 (sole advocate) – acted for the Japanese defendant charged with breach of condition of stay