Samuel K.Y. Chan 陳家殷

Samuel Chan, BBS, JP joined Denis Chang’s Chambers soon after he was called to the Bar in 1989. His practice covers a wide range of commercial, company and chancery litigation. He has been instructed in numerous company law matters and shareholders disputes over the years. He sat as a Deputy District Judge in 2006 and has considerable experience as adjudicator and member in many statutory tribunals and appeal boards. He has been appointed to various positions at different statutory bodies and was former Vice-Chairman of the Consumer Council. Samuel has been appointed as the new Chairperson of the Competition Commission effective from 1 May 2020. In addition, he serves as the Non-Executive Director of the Insurance Authority and Deputy Chairman of the Town Planning Appeal Board. He is also a Fellow of the Chartered Institute of Arbitrators (英國特許仲裁司學會院士) and the Hong Kong Institute of Arbitrators (香港仲裁司學會資深會員).

In 2020, Samuel was awarded the Bronze Bauhinia Star by the Hong Kong SAR Government in recognition of his significant contribution to the promotion of consumer interests.

  • Fellow of Chartered Institute of Arbitrators (FCIArb)
  • Fellow of Hong Kong Institute of Arbitrators (FHKIArb)

  • M.A. (EU Competition Law), King’s College London
  • P.C.LL., University of Hong Kong
  • LL.B., University of Hong Kong

• The Bronze Bauhinia Star (2020 Honours List of the Government of the Hong Kong Special Administrative Region)

• Maxwell Law Prize (1989)

• Deputy District Judge (2006)
• Justice of the Peace
• Chairman, Competition Commission
• Non-Executive Director, Insurance Authority
• Deputy Chairman, Town Planning Appeal Board
• Member, Working Group on Class Actions
• Vice-Chairman, Consumer Council (2017-2019)
• Member, Consumer Council (2011-2017)
• Chairman, Consumer Legal Action Fund Management Committee (2011-2016)
• Member, Equal Opportunities Commission (2018-2020)
• Member, Telecommunications (Competition Provisions) Appeal Board (2013-2019)
• Council Member, Hong Kong Bar Association (2014-2016)
• Member, Barristers Disciplinary Tribunal (2001-2013)
• Chairman, Buildings Appeal Tribunal (2007-2012)
• Chairman, Non-local Higher and Professional Education Appeal Board (2013-2015)
• Deputy Chairman, Accreditation of Academic and Vocational Qualifications Appeal Board (2011-2017)
• Deputy Chairman, Toys and Children’s Products Safety Appeal Board (2004–2009)

Li Guozhu v New Century Iatrical Inv. Management Ltd [2020] HKCA 481

Basis and date of valuation of shares for buy-out order – grossly unfair and seriously prejudicial acts of exiting shareholders – overriding consideration is one of fairness to both parties in all the circumstances – no principle that a respondent guilty of unfairly prejudicial conduct must invariably be deprived of any increase in the value of shares so as to “put right” the unfair prejudice

Re GW Electronics Co Ltd [2020] HKCA 180

Appeal against winding-up order – claim remains to be one for a liquidated sum although further information or calculation may be required for establishing the amount – debtor served with statutory demand under s.178 of Cap.32 should have approached petitioner for clarification if genuinely perplexed – cash flow test is the normal test of insolvency

SA v KB [2016] 2 HKLRD 1249

Jurisdiction to grant “anti-arbitration injunction” under s.21L of High Court Ordinance pending determination of dispute in foreign court – jurisdiction not ousted by s.2AA(2)(b) of Arbitration Ordinance

Re ATV Television Ltd [2015] 1 HKLRD 607

Court’s discretion to fashion appropriate order once unfair prejudice proved – court entitled to consider interests of employees and the public if company’s activities have a public dimension – high degree of case management required in unfair prejudice petitions

Sit Wing Yi Sibly v Berton Industrial Ltd (2013) 16 HKCFAR 104

Whether injury or death of unknown cause in the course of employment falls within meaning of “personal injury by accident” under s.5 of Employees’ Compensation Ordinance – accident must be distinct from the injury

Evercheer Holdings Ltd v James Wardell & Ors [2013] 2 HKLRD 897

Duties and powers of liquidators in adjudicating proof of debt – rule in Holme v Brunskill applicable to guarantee and not indemnity – liquidators not objecting to settlement was sufficient to displace operation of rule

Chan Pak Ting v Chan Chi Kuen (No.2) [2013] 2 HKLRD 1

Cookson v Knowles approach based on 4.5% net rate of return in assessing multipliers no longer valid in Hong Kong – new discount rates for future loss in personal injuries laid down after considering extensive expert economic evidence

New China Hong Kong Highway Ltd v Ng Kwai Kai Kenneth [2011] 5 HKLRD 216

Whether transfer of shares as part of debt restructuring arrangement constituted voidable disposition under s.60 of Conveyancing and Property Ordinance – whether transfer fell outside rule in Freeman v Pope and hence necessary to establish actual intent to defraud

Re PCCW Ltd [2009] 3 HKC 292

Nature and burden of proof in sanction proceedings re privatization of listed company – whether share splitting could be taken into account – whether majority obtained through share splitting represented interests of the class

Re Mahr China Ltd [2008] 4 HKLRD 141

Principles on striking out in winding-up petition where buy-out is alternative relief – more appropriate to stay rather than to strike out winding-up relief where there is a possibility that it may prove impossible to require respondent to purchase petitioner’s shares on reasonable terms

Star Cruises (HK) Ltd v Tung Ho Wah [2006] 3 HKLRD 254

Whether exclusive jurisdiction clause in contract of carriage “unconscionable” for the purpose of s.5 of Unconscionable Contracts Ordinance – whether court could refuse stay of proceedings commenced in breach of exclusive jurisdiction clause

Ying Ho Co Ltd v Secretary for Justice (2004) 7 HKCFAR 333

Contractual discretion conferred on Director of Lands by design, disposition and height clause in Government lease – whether limited by parties’ “reasonable or legitimate expectations”

Re Boldwin Construction Co Ltd [2003] 2 HKLRD 237

Principles governing appointment of provisional liquidators under s.193 of Companies Ordinance

Japan Leasing (HK) Ltd v Shun Kai Finance Co Ltd [2001] 2 HKC 179

Whether mortgagee in Hong Kong can rely on right to possession at common law before default by mortgagor – whether statutory mutual set-off under s.35 of Bankruptcy Ordinance applicable in the case of non-pecuniary claim

Manfield Coatings Co Ltd v Springfield Coatings Co Ltd [1995] 1 HKC 74

Application to convene EGM under s.114B of Companies Ordinance – whether right to have a quorum could be regarded as a class right attached to shares of minority shareholders

Lo Yu Chu v Kam Fu Lai Development Co Ltd [1994] 3 HKC 18

Whether air-conditioning plant servicing shops in a commercial/residential complex was a common part under DMC or First Schedule of Building Management Ordinance – whether mandatory injunction should be granted to abate nuisance – protection of rights of other unrepresented shop owners where injunction would adversely affect their interests as tenants

Call : 1989 (HK)
Set : Main
Practice Areas
ArbitrationChanceryCommercial LawCompany and InsolvencyCompetition LawEmploymentLand and Property LawTort and Personal Injuries
Email : [email protected] Secretary : Rebecca Lee [email protected]