Called to the Bar in 2007, Lee Siu Him predominantly engages in general civil practice as both sole counsel and led junior. His areas of expertise include commercial disputes, banking, land, employment, trust, intellectual property and probate.
Siu Him has a track record of appearances in trials and appeals involving complex questions of law such as “contractual estoppel” in mis-selling claims (DBS Bank (HK) Ltd v Sit Pan Jit HCA 382/2009 (CFI); CACV 91/2015 (CA); FAMV 45/2016 (AC)), adverse possession of common parts of multi-storey building (The IO of Po Hang Building v Sam Woo Marine Works Ltd FAMV 21/2016 (AC)), and effect of severance notice on joint tenancy (Ho Kwok Wing v Chan Mei Mui [2018] HKCFI 1135 (CFI); [2020] 3 HKLRD 548 (CA)).
Siu Him holds particular exposure in cases raising public law issues of great general or public importance, e.g. the first final appeal involving National Security Law (see HKSAR v Lai Chee Ying (2021) 24 HKCFAR 33) and the judicial review challenging constitutionality of “anti-mask” law (Leung Kwok Hung v Secretary for Justice [2020] 1 HKLRD 80 (CFI); [2020] 2 HKLRD 771 (CA); (2020) 23 HKCFAR 518 (CFA)).
Siu Him has extensive experience as both trial and appellate advocate in courts and tribunals, including magistrates’ courts, the Lands Tribunal, the District Court, the Court of First Instance, the Court of Appeal and the Court of Final Appeal. He also has a wealth of experience in providing opinions on legal issues arising from listing applications to the SEHK.
• Call to the Hong Kong Bar (2007)
• PCLL, University of Hong Kong (2006)
• LLB, University of Hong Kong (2005)
asterisk (*): cases with unpublished decision/judgment/determination
Commercial / Banking / Injunction
Chan v Lee and 2 Ors HCA —/2022 (ongoing)
Acting for a registered trade union in its defence against claims of conspiracy to cause injury by unlawful means and breach of contractual joint venture agreement
Re a listed company in Hong Kong
Advised on a HK$240 million transaction involving shares of a listed company in Hong Kong
Perfect Shape & Skin Management Company Limited v Facebook, Inc. HCA 45/2021 (CFI)*
Acting for Facebook, Inc. and successfully resisting the Plaintiff’s application for an interim mandatory and prohibitory injunction in respect of third parties’ allegedly defamatory statements published on Facebook
In the matter of a mortgage over securities
Rendering written advice for a chargee (a principal subsidiary of a listed company) on the scope of a clause in a charge over securities leading to appointment of receiver upon default in repayment of a term loan in the sum of HK$250 million
In the matter of doxxing injunctions
Rendering Joint Written Advice to a top social media company in the world in respect of various issues arising out of “doxxing injunctions” obtained by the Secretary for Justice against “Persons Unknown”.
Chan Wan Chue Snaky v Express Tourist Bus Co Ltd [2020] HKCA 471 (CA)
Successfully resisted (with Anthony P.W. CHEUNG) the Plaintiff’s appeal by arguing that a settlement agreement in respect of a commercial venture relating to a shipyard was not void for uncertainty or incompleteness.
DBS Bank (HK) Ltd v Sit Pan Jit HCA 382/2009 (CFI); CACV 91/2015 (CA); FAMV 45/2016 (AC)
Co-junior (led by Martin LEE SC) for an investor in a mis-selling of securities claim involving HK$100 million under s.108 of Securities and Futures Ordinance, Cap 571 (the criminal equivalent re virtual assets including cryptocurrency such as Bitcoin is s.53ZRG of Anti-Money Laundering and Counter-Terrorist Financing Ordinance, Cap 615). Issues included the controversial doctrine of “contractual estoppel”.
In the matter of pre-IPO enquiries
Rendering a joint opinion on whether the pre-IPO investment made by a company contravened the ownership continuity and control requirement under Rule 11.12A(2) of the Rules Governing the Listing of Securities on the Growth Enterprise Market of The Stock Exchange of Hong Kong Limited.
In the matter of an IPO listing application by a recovery agent of delinquent accounts
In the course of the listing application by a debt collecting agency, rendering various pieces of opinion on the legality of the obtainment and use of the data collected by a debt collecting agency and various trust issues in response to queries raised by the Stock Exchange of Hong Kong Limited.
In the matter of a Mareva injunction in the CFI
Acted for owners of shareholders in injunction proceedings who were alleged of dishonestly assisting in a fraudulent transfer of $146 million of shares of a listed company.
Chan v Yung HCA —/2013 (CFI)*
Acted for a 50% shareholder of company in successfully obtaining an ex parte Mareva (freezing) injunction against the other shareholder in a common law derivative action involving breach of trust and forgery of company documents in respect of a transfer of HK$30 million worth of shares of a listed company.
(A Company) v (A Company) HCA —-/2012*
Acted for the defendant in a costs dispute subsequent to discontinuance of Mareva injunction proceedings.
Public Law / Judicial Review / Disciplinary
Tsui Pui Kuen and 2 Ors v Insurance Authority IAT/PIBA/02/2019
Successfully persuaded the Insurance Appeal Tribunal (IAT) (led by Hectar PUN SC) to allow the appellant’s review. Issues included the nature of the jurisdiction exercised by the IAT and the threshold of its intervention on appeal.
Re a doctor (Preliminary Investigation Committee of Medical Council)
Acting for a specialist in Obstetrics & Gynaecology in response to a complaint of alleged misuse of patients’ personal data and successfully persuaded the Preliminary Investigation Committee of Medical Council to decide that no disciplinary inquiry would be held.
HKSAR v Lai Chee Ying [2021] 1 HKC 344 (AC); (2021) 24 HKCFAR 33 (CFA)
Junior counsel (led by Stewart WONG SC and Maggie WONG SC) for the defendant on final appeal. The first case in which issues relating to bail and National Security Law were decided by the Court of Final Appeal.
Leung Kwok Hung v Secretary for Justice and Chief Executive in Council
[2020] 1 HKLRD 80 (CFI); [2020] 2 HKLRD 771 (CA); (2020) 23 HKCFAR 518 (CFA)
Co-junior (led by Hectar PUN SC) for the applicant in a judicial review against constitutionality of Emergency Regulations Ordinance, Cap 241, and the Prohibition on Face Covering Regulation, Cap 241K (aka the “anti-mask law”).
Lee Ka Chun v Secretary for Justice [2020] HKDC 813 (DC)
Acted for the Plaintiff in an application for post-action discovery against non-party under section 47B of District Court Ordinance, Cap 336 and Norwich Pharmacal jurisdiction in an action against the police.
Mok Charles Peter v Tam Wai Ho (No 2) [2011] 4 HKLRD 1 (CA); (2012) 15 HKCFAR 489 (CFA)
Co-junior (led by Martin LEE SC) for a losing candidate for a legislative council seat. Issues included the ambit of the statutory definition of “election expenses” under Elections (Corrupt and Illegal Conduct) Ordinance (Cap.554).
Wong Nai Chung v Housing Society [2009] 1 HKC 487 (DC); HCMP 880/2009 (CA); FAMV 33/2010 (AC)
Junior counsel (led by Martin LEE SC) for a defendant tenant resisting possession order on the basis that the order for resumption invalid on public law grounds, i.e. a Winder defence (Wandsworth LBC v Winder [1985] AC 461). Issues included whether s.63B of the District Court Ordinance, Cap 336 precluding the CFA from entertaining application for leave to appeal in respect of lower courts’ refusal of leave to appeal against decision granting summary judgment is inconsistent with article 82 of the Basic Law.
Mok Charles Peter v Tam Wai Ho (No 1) (2010) 13 HKCFAR 762 (CFA)
Co-junior (led by Martin LEE SC) for a losing candidate for a legislative council seat. Successfully argued that the finality clause in section 67(3) of Legislative Council Ordinance (Cap. 542) precluding appeal to the CFA was inconsistent with article 82 of the Basic Law and unconstitutional.
Secretary for Justice v Ocean Technology Ltd [2008] 2 HKLRD 82 (CFI)
Junior counsel (led by Martin LEE SC) for a defendant resisting the rarely sought “injunction in aid of the criminal law”. The case involved the unprecedented issue as to the jurisdiction of the civil court to grant such injunction where the offence was found to be unconstitutional and the charge dismissed by a magistrate.
Company
Re Hung Choy Cosmetics Manufacturing Company Limited (in liq) HCMP 2166-2168/2020 (CFI)*
Successfully resisted the Plaintiff’s application for an injunction to restrain the holding of a general meeting held for the purpose of removing joint liquidators.
Jointa Limited v Registrar of Companies HCMP 426/2013 (CFI)
Acted for the Plaintiff at trial of an application for registration of company documents under section 348 of the then Companies Ordinance, Cap 32 and successfully persuaded the Court that it had jurisdiction under public law principles to review decisions made by the Registrar when carrying out her statutory duties (application dismissed).
Lin Ming v Chen Shu Quan [2013] 2 HKLRD 288 (CFI)
Successfully defended for the 2nd defendant company at trial that the Court had no jurisdiction to register a Writ of Summons in the register maintained by Registrar of Companies.
Re a Company HCMP —/2012*
Successfully obtained an extension of time to convene an EGM for adopting its audited accounts under section 114B of Companies Ordinance, Cap 32 to prepare for an IPO.
Employment / Restraint of Trade / Non-Competition
An ex-Teacher v The Incorporated Management Committee of (a primary school) HCA —-/2022 (ongoing)
Acted for the IMC to defend an ex-teacher’s claim for $12 million damages for alleged wrongful summary dismissal on the ground of alleged sexual harassment by that teacher in breach of contract and Education Ordinance, Cap 279.
An ex-Principal v The Incorporated Management Committee of (a primary school) HCA —-/2022 (ongoing)
Acted for the IMC to defend an ex-principal’s claim for $8 million damages for alleged wrongful summary dismissal on the ground of serious misconduct in breach of contract and Education Ordinance, Cap 279.
Subsidiary of a medical company listed in HKEx v A doctor and Anor HCA —/2022 (ongoing)
Acted for a medical centre to defend a claim for procurement of breach of contract involving misuse of patients’ confidential information and breach of non-competition clause.
In the matter of a restrictive covenant
Advised a medical centre on liability in respect of alleged misuse of personal data in breach of Personal Data (Privacy) Ordinance, Cap 486.
An ex-Principal v The Incorporated Management Committee of (a primary school) DCCJ —/2021
Acted for the IMC to defend an ex-principal’s claim for wrongful termination in breach of Code of Aid for Aided Schools made under Education Ordinance, Cap 279.
An ex-teacher v The Incorporated Management Committee of (a secondary school) DCCJ —-/2021
Acted for the IMC to defend an ex-teacher’s claim for wrongful termination in breach of Code of Aid for Aided Schools made under Education Ordinance, Cap 279.
In the matter of the right to strike
Advised on the right to strike enjoyed by nurses employed by Hong Kong Hospital Authority under the Basic Law and Trade Unions Ordinance, Cap. 332.
Property / Land / Building Management
Wong Man Shing v Yeung Kong Pan and 2 Ors [2024] HKDC 790 (DC)
Appearing on pro bono basis (with Anthony P.W. CHEUNG) for the plaintiff in a claim for beneficial interest in two properties on the basis of common interest constructive trust. Issues included whether a family pool of fund constituted a trust fund.
WYM v LYM [2024] HKCA 499 (CA)
Appearing (with Anthony P.W. CHEUNG) for the successful appellant on appeal on the grounds a moneylender could not have been put on notice of any beneficial interest of the petitioner wife once it is decided that she did not have proprietary interest; and that the encumbered value of the a matrimonial property does not form part of the respondent’s asset available for distribution in the petitioner’s ancillary relief application
Ho Kwok Wing v Chan Mei Mui [2018] HKCFI 1135 (CFI); [2020] 3 HKLRD 548 (CA)
Trial counsel and junior on appeal (led by Ms Audrey EU SC) for a plaintiff claiming declaration for half beneficial interest in a residential property. Issues included the novel question of the interaction between common intention constructive trust and a notice of severance.
Chan Hin v Chen Bai Dyi HCA 680/2014 (CFI)
Junior counsel (led by Martin LEE SC) for the plaintiff claiming sole beneficial interest in a residential property. Issues included the nature of equitable interest of partners in respect of partnership property.
The IO of Po Hang Building v Sam Woo Marine Works Ltd FAMV 21/2016 (AC); (2017) 20 HKCFAR 240 (CFA)
Co-junior (led by Martin LEE SC) for a co-owner in a multi-storey building. Issues included whether a co-owner of a building can obtain title to “common parts” by adverse possession; and on final appeal whether the finality provision of s.63B of the District Court Ordinance, Cap 336 was unconstitutional and whether the rule in Lane v Esdaile [1891] AC 210 is applicable to applications for leave to appeal to the CFA.
Law Yuet Ying v Law Kwong Chiu HCA 720/2010 (CFI)
Trial counsel for the Plaintiff in respect of beneficial ownership of a minibus.
元朗怡豐花園業主立案法團 對 譚競賢及另八人 LDBM 5/2011 (LT)
Successfully defended respondents at trial and persuaded the Tribunal to accept in their favour an interpretation of section 27 of Building Management Ordinance, Cap 344
Ho Kin Pong and Anor v Tam Kok Hung DCCJ 624/2010 (DC); DCCJ 624/2010 (costs)
Acted for the Plaintiffs at trial and successfully persuaded the Court to adopt valuation of Plaintiffs’ expert resulting in damages lower than a sanctioned offer; subsequently awarded indemnity costs and enhanced interests in the Plaintiff’s favour.
Probate / Administration
In the Estate of a deceased
Advising on and preparing an application to admit copy will to probate, issues included whether a copy will was revoked by a subsequent will, both the original of copy of which had been lost.
In the Estate of LUI Cho Yung Roy [2020] HKCFI 1054 (CFI)
Successfully obtained judgment for the Plaintiff and persuaded the Court to resolve in his favour the novel question of whether an administrator may set off a debt due to himself personally from the next of kin where there is a claim in administration proceedings by that next of kin for a sum due in respect of a share of the intestate’s estate.
In the matter of a claim under the Inheritance (Provision for Family and Dependants) Ordinance, Cap. 481
Rendering a written opinion for the Plaintiff in respect of the prospect of obtaining reasonable financial provision and its likely quantum as a stepmother of a deceased.
In the matter of an intended appeal against a judgment in a probate action
Rendering a joint opinion as junior counsel on the merits of an intended appeal against the grant of probate involving an estate comprising 33 properties and other assets, the estimate value of which was HKD$800 million.
Construction
Chok Yick Interior Design & Engineering Co Ltd v Lau Chi Lun t/a Chi Hung Construction Eng. Co HCA 1480/2008 (CFI)
Successfully defended at trial the Plaintiff’s claim for damages arising out of alleged defective workmanship in the application of water-proof materials in the construction works of a hotel building.
Intellectual Property
In the matter of a trademark application and opposition proceedings
Appeared for the applicant to resist the opponent’s application for extension of time for filing evidence in opposition.
In the matter of alleged of trademark infringement
Advised one of the top jewelry companies in Hong Kong in response to a top luxurious brand’s allegation of trademark infringement, resulting in the latter’s abandonment of threatened legal proceedings.
Burberry Ltd v Advance Harbour Trading Ltd and Ors HCA912/2007 (CFI)
Appeared for the 1st and 2nd Defendants to argue that the Plaintiff has irrevocably elected for the remedy of an account of profits.
Capcom Co Ltd and Anor v Ng King Kuen and Ors HCA 2488, 2490-2494, 2496-2502/2006 (13 actions)
Successfully defended at trial (as co-counsel) the Plaintiff’s claim for infringement of copyright and trademark and tort of passing-off.
Criminal (with Public Law elements)
HKSAR v Ho DCCC –/2022 (ongoing)
Junior counsel (led by a Senior Counsel) for the defendant in resisting the Secretary for Justice’s application for a confiscation order. Issues included potential breach of human rights and proportionality analysis.
HKSAR v Chin Kam Chiu HCMP 2130/2015 (CFI)*; FAMC 64/2015 (AC)*
Junior counsel (led by Martin LEE SC) for the defendants in bail proceedings. Issues included the constitutionality of precluding the CFA from entertaining an application for leave to appeal against a CFI judge’s refusal of bail.
HKSAR v Szeto Wah and Ors HCMA 164/2011 (CFI);
sub nom HKSAR v Wong Yuk Man and Ors (2010) 13 HKCFAR 842 (CFA)
Trial counsel for two of the defendants. Co-junior on final appeal (led by Martin LEE SC) successfully persuaded the CFA to quash all the convictions of the defendants. Issues involved the statutory construction of the offence of “delivering” a message for transmission by an unlicensed radio station under section 23 of Telecommunications Ordinance (Cap.106) and whether the offence was inconsistent with right to freedom of expression under article 27 of the Basic Law and thus unconstitutional.
HKSAR v Winnie Lo CACC 254/2009 (CA); FAMC 101/2010 (AC); (2012) 15 HKCFAR 16 (CFA)
Co-junior on appeal (led by Martin LEE SC) and final appeal (led by Clive GROSSMAN SC). Successfully persuaded the CFA to quash the conviction of the defendant (a practicing solicitor) who faced the unprecedented prosecution for the common law offence of maintenance. Issues included whether the ingredients of the offence satisfy the “prescribed by law” requirement under article 39 of the Basic Law.
HKSAR v Chan Wai Yip & 16 Ors (2010) 13 HKCFAR 842 (CFA)
Co-junior (led by Martin LEE SC) for some of the defendants who faced unprecedented prosecution for engaging in “bid-rigging”, i.e. secret agreements not to compete at an auction. Issues included whether criminalization of such agreements as constituting conspiracy to defraud was inconsistent with the principle of legal certainty and the “prescribed by law” requirement of article 39 of the Basic Law.
Secretary for Justice v Ocean Technology Ltd [2009] 1 HKC 271 (CA); FAMC 1/2009 (AC)
Co-junior on appeal and junior counsel before Appeal Committee (led by Martin LEE SC) for a defendant charged with the offence of unlicensed broadcasting a radio station. Issues included whether statutory regime for the grant of broadcasting licence under section 8 of Telecommunications Ordinance (Cap.106) in breach of right to freedom of expression under article 27 of the Basic Law and unconstitutional; and whether unconstitutionality of the licensing regime accords any defence to a charge of unlicensed broadcasting.