Thomas WK Wong 黃偉傑
Call : 2018 (HK), 2021 (E&W), 2010 (Solicitor, HK)
Set : Main
Practice Areas
Administrative and Public LawArbitrationChanceryChinese Customary LawCommercial LawCompany and InsolvencyCompetition LawEmploymentIntellectual PropertyLand and Property LawMediationProbate and AdministrationPublic International LawRegulatory and DisciplinaryTax LawTort and Personal Injuries
Contact
Email : [email protected] Secretary : Nelly Kwok [email protected]

“Thomas is incredibly smart and hard working, and also incredibly responsive. He quickly grasps the essential features of a case, his written and oral advocacy are both excellent, and clients love him and often don’t see the need to instruct a silk if Thomas is handling the matter.”
Legal 500 Asia-Pacific 2024, Commercial Disputes — Leading Juniors

“He is passionate about the law and his enthusiasm in addressing legal issues and creativity in solving problems are some of his strengths.”
Legal 500 Asia-Pacific 2023, Commercial Disputes — Leading Juniors

“A junior who has litigation in his blood and is passionate about his work. He is very thorough and provides clear and succinct arguments on complex issues.”
Legal 500 Asia-Pacific 2022, Commercial Disputes — Leading Juniors

“[Thomas WK Wong] has sound legal knowledge and analytical powers, outstanding research skills, and the ability to articulate arguments forcefully and yet clearly and succinctly.”
Legal 500 Asia-Pacific 2021, Commercial Disputes — Leading Juniors

Thomas is a dual-practising, bilingual Barrister called to the Hong Kong and English Bars. He has a broad Commercial, Companies and Insolvency litigation and arbitration practice from both these Chambers and Twenty Essex (Singapore / London – https://www.twentyessex.com/people/thomas-wong/). He also has considerable experience in Insolvency / Company and Hong Kong Chancery matters, and is steadily taking on Offshore Insolvency / Company instructions (from both the Cayman Islands and the British Virgin Islands).

He has more than a decade’s experience serving clients in Hong Kong, the Greater China Region and internationally, and is a native Chinese speaker (both Mandarin and Cantonese).

Prior to his move to the Bar, Thomas was a commercial litigator at Hogan Lovells and Clifford Chance during which time, he worked with clients directly and gained an understanding of their commercial objectives.

Thomas is a Fellow of the Chartered Institute of Arbitrators and the Hong Kong Institute of Arbitrators, and is also on the Hong Kong International Arbitration Centre (“HKIAC”)’s List of Arbitrators as well as the Singapore International Arbitration Centre (“SIAC”)’s Reserve Panel of Arbitrators. He has been ranked as a Leading Junior in The Legal 500 (Hong Kong Bar – Commercial Disputes) in consecutive years.

Thomas often sits as arbitrator and has sat as a Deputy District Judge in November 2023 – January 2024.


  • FHKIArb (2020 – present)
  • FCIArb (2020 – present)
  • Solicitor (Hong Kong) (2010 – 2017)

  • LLM (Distinction), London School of Economics (2019)
  • PCLL, The University of Hong Kong (2008)
  • LLB, The University of Hong Kong (2007)
  • BSocSc(Govt&Laws), The University of Hong Kong (2006)

Arbitrator, SIAC’s Reserve Panel of Arbitrators: November 2023 – present

Arbitrator, HKIAC’s List of Arbitrators: 19 July 2023 – present

Arbitrator, Hong Kong Bar List of Arbitrators: 15 July 2020 – present

Fellow, Hong Kong Institute of Arbitrators (FHKIArb): 26 May 2020 – present

Fellow, Chartered Institute of Arbitrators (FCIArb): 20 February 2020 – present


Hong Kong White Book 2024: Order 62 – Costs and Order 62A – Cost Offers and Payment into Court (Sweet & Maxwell Hong Kong)

• Contributing author for (1) Chitty on Contracts: Hong Kong Specific Contracts (7th Edition, 2023): Chapter 11 – Damages

• Co-authored two Chapters on Hong Kong law in two international legal encyclopaedias: Attachment of Assets (Mareva injunctions) and Enforcement of Money Judgments both published by Juris Publishing, Inc.


Arbitration and related Court proceedings (excluding Shipping and sale of goods)

Acting as Counsel / involved as a member of the claimant’s legal team in separate HKIAC-administered arbitrations:
(i) A cross-border intellectual property (franchising and manufacturing) dispute between a US company (the Client) and its ex-Mainland Chinese manufacturer;
(ii) On breaches of a shareholders and noteholders agreement and the failure to list a related company on an international stock exchange;
(iii) Concerning breaches of two agreements, the exercise of a put option and misappropriation of funds; and
(iv) On sale of goods in Mainland China (advising on the relevant Hong Kong law aspects).

Also, acted for:
(I) A Contractor (a subsidiary of a transnational conglomerate) who had completed refurbishment and other works at a residential development on MacDonnell Road (one of Hong Kong’s most exclusive residential areas), where the Incorporated Owners had refused to pay on the purported grounds of defective works and the lack of an appointed Architect under the Contract (adapted from the Hong Kong Standard Form of Building Contract Private Edition – Without Quantities (2006 Edition)). The claim was fully settled in the Client’s favour after Particulars of Claim had been prepared and served on the Incorporated Owners;
(II) A group of real estate companies-respondents resisting the indirect (common law) enforcement in Hong Kong of a CIETAC arbitral award by fresh proceedings in the Court of First Instance: 廈門新景地集團有限公司 v Eton Properties Ltd, unrep, HCCL 13/2011, 14 June 2012 (CFI); and
(III) A major Hong Kong property developer on whether it had any ground for resisting the enforcement in Hong Kong of a New Zealand construction arbitral award against it.

Thirdly, acted for a Mainland Chinese businessman in seeking a stay of a Hong Kong High Court Action in favour of arbitration: Li Wenjun v Chen Chunhui [2023] HKCFI 405.

Shipping and sale of goods

As sole Counsel in an 8-day trial, successfully defending a global toy and baby products company against sale of goods and related claims totalling circa US$1.4 million brought by its former Hong Kong-based manufacturer – claims substantially reduced by circa US$1 million (and half of the final judgment sum had previously been admitted by the Clients): Technic Star Universal Ltd v Tiny Love Ltd [2021] HKCFI 2284.

Acting for the defence of a high value claim for damages arising out of the alleged failed performance of a long-term LNG supply contract, raising issues of contractual construction, wilful breach of contracts, liquidated damages / damages cap clauses, and the proper market valuation of the LNG cargoes in question: LCIA Arbitration No: 225461 (led by Mr David Lewis KC, with Oliver Caplin).

Acting for a UAE head purchaser in commencing HKIAC arbitration against its PRC seller of steel coils for delayed delivery and in the wrong quantity, as well as producing a false bill of lading, resulting in the rejection of the steel coils by the sub-purchaser.

Acting for an Indonesian coal mining company in commencing SIAC arbitration against its UAE purchaser for defaults in payment and related claims.

Asset tracing / civil fraud

Acting for victims of an apparent telephone scam / cyber fraud in recovering the sums defrauded; obtaining judgment and Norwich Pharmacal order: Lin Weiqing v Hang Seng Bank, Limited [2019] HKDC 750; Opera National de Paris v Sun Bon International Logistic Ltd, DCCJ 218/2021 (summary judgment obtained from the Master in January 2022, but see subsequently [2022] HKDC 766, 1382 and 1405).

Acting for a high net worth individual investor in defending a claim in excess of US$12 million purportedly on the strength of an equity swap transaction confirmation involving a Cayman Islands fund, on the bases of fraud, and in any event that the transaction is tainted by illegality (as constituting an unlawful gaming contract and/or being contrary to sections 114 and 115 of the Securities and Futures Ordinance (Cap 571)): CS Asia Opportunities Master Fund v Zhao Haohui, HCA 3001/2018.

Acted for the Plaintiff in an asset tracing / civil fraud case against various Defendants with pleaded claims (among others) in constructive trust, misrepresentation, dishonest assistance, knowing receipt, non est factum and breach of fiduciary duties: Lau Lai Shan Lisa v Zhang Qi, HCA 1395/2018.

Company law

Acting for 31 individual and corporate shareholders in a multifaceted shareholders’ dispute involving (1) an unfair prejudice petition (as petitioners), (2) two CPR Part 8 claims for one of the clients based on Noteholders Agreement, (3) a Norwich Pharmacal application for three of the clients, and (4) two potential (CPR Part 7) misrepresentation claims against the majority shareholder of the company personally in respect of the secondary purchases by those three clients of their shares in the company concerned (in all cases, led by Mr Duncan Matthews KC and Tony Beswetherick KC): Segulah Medical Acceleration AB and 30 others v Akhilesh Shailendra Tripathi and others, Re Signifier Medical Technologies Ltd.

Acting for two ultra-high net worth individuals in their claims for over 80% beneficial ownership of two companies holding numerous local and foreign investments totalling almost HK$200 million, and resisting the other side’s (1) summary judgment application and (2) interim receivership application: Suen Wai Mo v Lam Hong Ki, HCA 133/2020 (led by Mr Denis Chang SC, with Raymond Ho and Tommy Cheung).

Acted for an aggrieved minority shareholder of a quasi-partnership presenting an unfair prejudice Petition against the other shareholder(s) seeking (inter alia) a buy-out order: Re ebp Global Ltd, HCCW 215/2020; Re COBO Asia Limited, HCCW 362/2021.

Advised and appeared in applications:

1. Relating to several companies’ profit and loss accounts and balance sheets pursuant to Section 122(1B) of the old Companies Ordinance (Cap 32), in preparation for the listing of a related company;

2. For a validation order under section 182, Cap 32; and

3. For restoring a deregistered company under section 765 of the current Companies Ordinance (Cap 622), and resisting a last-minute application for leave to intervene in the restoration application.

Insolvency

Assisting (as English Counsel) in Singapore proceedings arising from the insolvency of Hin Leong Trading (Pte) Ltd, formerly one of Singapore’s largest independent oil traders, and its subsidiary Ocean Tankers (Pte) Ltd, both founded by former oil tycoon OK Lim (led by Mr Stephen Atherton KC).

Acted for former Liquidators (Managing Directors of Ernst & Young) of one of Hong Kong’s largest watchband brands in Luen Tat Watch Band Manufacturer Ltd v Liu Yiu Keung Stephen, as follows:

1. Their appeal to the Court of Appeal against their removal for misconduct and an unusual adverse costs order: [2021] HKCA 577 (merits); [2021] HKCA 976 (costs) (led by Mr Stewart Wong SC);

2. Resisting a related, 9-digit figure civil claim: HCA 1397/2018 (led by Mr Stewart Wong SC); and

3. Resisting a related application for production of documents: [2020] 5 HKLRD 183, [2020] HKCFI 2610 (merits); [2021] HKCFI 835 (stay of execution) (led by Mr Anson Wong SC).

Also, acting as sole Counsel for an experienced ShineWing insolvency practitioner in three appeals to the Court of Appeal:

1. Resisting an appeal brought by the Official Receiver against the Client’s successful first-instance Decision effectively confirming that the Client was a fit and proper person whom the creditors of a bankrupt might consider appointing as trustee in bankruptcy: Re Chan John Loong Fai (the Bankrupt) [2022] 1 HKLRD 63, [2021] HKCA 1834 (merits); [2022] HKCA 430 (costs);

2. Appealing against the Court of First Instance’s refusal to grant an order for provision of affidavits and for private examination by way of enforcing a previous Order of the Court for the provision of information and production of documents under section 29 of the Bankruptcy Ordinance (Cap 6): Re So Ching Wan [2021] 3 HKC 5, [2020] HKCA 1081 (merits); [2021] HKCA 666 (costs); and

3. Appealing against a decision of the Disciplinary Committee of Hong Kong Institute of Certified Public Accountants: Registrar of Hong Kong Institute of Certified Public Accountants v Tang Chung Wah [2022] 5 HKLRD 298, [2022] HKCA 1421.

Thirdly, acted for a group of creditors of a BVI company (in liquidation in the BVI), in (inter alia) their application for striking out the Hong Kong ancillary winding-up petition presented under Section 327 of the CO: Re Pioneer Iron and Steel Group Co Ltd, unrep, HCCW 322/2010, 6 March 2013 (CFI).

Fourthly, successfully partially resisted an application for a validation order on the grounds of the subject company’s doubtful solvency and lack of supporting evidence / safeguards to unsecured creditors: Re Univision Engineering Limited [2022] HKCFI 702.

Fifthly, acted as Co-Counsel for a creditor-bank in resisting a substantive Statutory Demand setting aside application by the debtor: Bank of Singapore Ltd v Li Wing Sang, HCB 5577/2017 (CFI).

Offshore

Acting for an Appellant before the Cayman Islands Court of Appeal and Grand Court against the official liquidator’s rejection of its Proof of Debt of US$25.8 million; issues included whether the claim was proprietary / trust in nature: Shang Peng Gao Ke, Inc SEZC v Official Liquidator of HEC International Ltd; also acting for the same group of clients in defending a US$273 million proprietary claim brought by the joint official liquidators of the 100% holding company of HEC International Ltd: Ascentra Holdings, Inc (in Official Liquidation) v Ryunosuke Yoshida and others (both led by Stephen Atherton KC).

Involved in acting for a family of prominent businessmen in an unfair prejudice petition in respect of a BVI top holding company of a group of valuable hotel and property investments and businesses in Africa, against their joint venture partners.

Land / Property law

Acting for a Hong Kong property developer against the Government in an express right of way / specified street (regulation 18A, Building (Planning) Regulations (Cap 123F)) dispute: Leading Well Ltd v Director of Lands [2022] HKCFI 3246 (appeal pending before the Court of Appeal).

Acting for a Hong Kong company plaintiff in a High Court Action concerning an entire residential development in Shanghai worth over RMB1 billion: Longlife International (HK) Co Ltd v May Delight Ltd, HCA 2544/2016 (led by Mr Denis Chang SC).

Acted for an experienced property investor against a wholly-owned subsidiary of a major Hong Kong property investor in a High Court Action concerning the sale and purchase of an entire shopping mall: Cheung Shun Yee v Rich Resource Development Ltd [2019] HKCFI 2835 (led by Mr Denis Chang SC, with Jun Lee).

Secured summary judgment in an application for an order for sale of a co-owned property under section 6 of the Partition Ordinance (Cap 352) together with related relief, including an account against the Defendant of the property’s rentals for the past 15 years: Jacques Cuvelier v Chen Qizhi [2019] HKCFI 2386.

Acted for a real estate agent company (on instructions) to attempt to seek summary judgment for its commission in respect of a transaction which was concluded by another real estate agent company, and where there was no signed estate agency agreement (or exclusivity agreement): Fairmile Consultants Ltd v Esquel Enterprises Ltd [2019] HKCFI 2797 (merits); [2020] HKCFI 253 (costs).

Appeared as Counsel for the plaintiff in successfully obtaining an order for the sale of property which the plaintiff co-owned with the deceased (in the absence of a personal representative of the deceased’s estate): Poon Kit Ah v The Personal Representatives of Au-Yang Hoong Fung Victoria (Deceased) [2020] HKCFI 3115.

Trusts

Hong Kong Charitable Trust pre-action advisory matter jointly instructed by the Charities and Philanthropy team of Withers London and the Private Client and Tax team of Withers Hong Kong.

Competition law

Acted and appeared as Co-Counsel for two Respondents in Hong Kong’s first-ever trial of an Enforcement Action by the Competition Commission before the Competition Tribunal: Competition Commission v W Hing Construction Co Ltd [2018] HKCT 5; [2019] 3 HKLRD 46, [2019] HKCT 3; issues raised included “by object” restrictions under the First Conduct Rule, and the efficiency defence under section 1, Schedule 1 to the Competition Ordinance (Cap 619).

Securities and Futures Ordinance (Cap 571) (“SFO”)

Acted as sole Counsel for a listed company in a trial of a SFO section 214 Petition against the company and its founder and current and former officers; the company was ultimately awarded costs of and occasioned by the Petition on an indemnity basis against its founder and former executive director and chairman: Securities and Futures Commission v Sound Global Ltd & 4 Ors [2022] HKCFI 3025.

Arbitrator appointment

Currently sitting with Mr Peter Chow (Partner, King & Spalding Singapore) (as presiding arbitrator) and Mr Victor Dawes SC (Temple Chambers, Hong Kong; Chairman, Hong Kong Bar Association) (as co-arbitrator) in two related sets of ad hoc Commercial arbitration proceedings seated in Hong Kong and governed by the UNCITRAL Arbitration Rules.

Also, currently sitting with Mr Shaun Wong (Managing Director, Shaun Wong LLC, Singapore) in a HKIAC-administered arbitration: an IP dispute concerning online gaming licensing between a Hong Kong company and a Taiwanese company.

Civil procedure

Successfully appeared in a taxation review hearing before Master for a receiving party in an appeal before the Court of Appeal: Bond Speed Ltd v Goodwell Sam Cheong Grocery Co Ltd, unrep, CACV90/2010, 11 January 2012 (CFI).

Intellectual property

Acting for Plaintiffs in a trademark infringement, passing-off and breach of contractual restraint of trade action; successfully obtained judgment and a post-judgment Mareva injunction: Profundo Technologies Ltd v Wenhuan Zhong, HCA 1885/2015.

Acted for Johnson & Johnson and successfully resisted a trade mark opposition (to “兆科”) by a wholly-owned subsidiary of Lee’s Pharmaceutical (HK) Limited (HKEx: 0950): see Decision of the Registrar of Trade Marks dated 10 June 2020.

Acted for BTCC (the first bitcoin exchange in the PRC, and ranked third amongst the bitcoin exchanges worldwide by trade volume) and successfully resisted three related trade mark oppositions (to “BTCC”, “BTCC & Device” and “BTCC EXCHANGE” respectively) by The Depository Trust & Clearing Corporation: see three Decisions of the Registrar of Trade Marks all dated 7 July 2022 [2022] HKTMR 20, 21 and 22.

Employment

Acted for two senior employees in successfully resisting a Labour Tribunal appeal; a novel legal point was involved. The Court of First Instance adopted verbatim, as part and parcel of its reasoning, the legal propositions set out in my written submissions: Kouk Chung Fai v ebp Global Ltd [2020] HKCFI 3070.

Also, acted for the employer company in a High Court Action against an ex-employee for breach of post-termination restrictive covenants, diversion of business opportunities and making secret profits, and misappropriation of confidential information, and against a business competitor for economic torts: Re Compass Technology Co Ltd. The High Court Action was ultimately settled by mediation.

Additionally, rendered numerous pieces of Advices on employment-related issues such as those arising under the Employment Ordinance (Cap 57), enforcement of post-termination restrictive covenants and confidentiality information protection, and breaches of duties of fidelity of employees and (senior employees’) fiduciary duties.

Judicial review

Acted for Hong Kong Television Network Limited (“HKTV”) in judicial reviews challenging:

1. The Chief Executive in Council (“CEIC“)’s decision refusing to grant HKTV a domestic free television programme service licence under the Broadcasting Ordinance (Cap 562) (“FTV licence“): HKTV v CEIC [2015] 2 HKLRD 1035 (CFI); [2016] 2 HKLRD 1005 (CA); and

2. The Office of the Communications Authority (“OFCA“)’s decision requiring HKTV’s subsidiary (“HKMTV“), a mobile television service licensee under the Telecommunications Ordinance (Cap 106), to obtain a further, FTV licence if it adopted the DTMB transmission standard: HKMTV v OFCA [2016] 2 HKC 44 (CFI).

Also, acted for the Airport Authority Hong Kong to resist judicial reviews concerning the environmental impact assessment process in relation to the development of the Hong Kong International Airport into a three-runway system: Ho Loy v Director of Environmental Protection, unrep, HCAL 21 and 22/2015, 22 December 2016 (CFI).

Further, acted as Counsel for the Catholic Diocese of Hong Kong in its intended intervention in MK v Government of HKSAR [2019] 2 HKLRD 978, [2019] HKCFI 1089.

Disciplinary boards

Appeared as Counsel for the Travel Industry Council (“TIC”) in two appeals brought by Expedia Asia Pacific Ltd before the TIC Appeal Board concerning the interpretation of a core TIC Directive, the Travel Agents Ordinance (Cap 218) and its subsidiary legislation.

Also, researched on and drafted the written Case for the Registrar of Hong Kong Institute of Certified Public Accountants, Respondent to a final appeal against the rulings in professional disciplinary proceedings: Registrar of Hong Kong Institute of Certified Public Accountants v Wong Tak Man Stephen (2017) 20 HKCFAR 556 (CFA).

Miscellaneous

Handled, advised and pursued many other contractual, estate agency, sale of goods, employment, and/or Banking claims and summary judgment applications both before the Court of First Instance and the District Court. Examples: Punjab National Bank v KSK Energy Ltd, HCA 2150/2017 (summary judgment (liquidated claim) obtained; Counsel for the Bank); Indian Overseas Bank v Ask Re Ltd & 3 Ors, HCMP 2107/2019 (summary judgment (liquidated claim) obtained; Counsel for the Bank).


Legal 500 Asia-Pacific 2024: Thomas WK Wong recognised as a “Leading Junior” in Commercial Disputes

 


To stay or not to stay: the English approach to (not) staying petitions presented despite exclusive jurisdiction clause (“EJC”)

 

In-House Community: Twenty Essex welcomes Thomas Wong

 

The Global Legal Post: London’s Twenty Essex signs up-and-coming Hong Kong commercial barrister

 

Legal Era Online: Hong Kong Junior Commercial Barrister Thomas Wong Joins London’s Twenty Essex

 

Legal 500 Asia-Pacific 2023: Thomas WK Wong recognised once again as a “Leading Junior” in Commercial Disputes

 

Thomas WK Wong authors chapter on Damages in the forthcoming 7th edition of Chitty on Contracts: Hong Kong Specific Contracts

 

Hong Kong Intellectual Property: World’s longest running crypto exchange successfully resists challenges against registration of three trade marks

 

Legal 500 Asia-Pacific 2022: Denis Chang’s Chambers named a Tier 1 set in Administrative and Public Law, and Competition Law, among excellent rankings across 6 practice areas

 

Appointment of Trustee in Bankruptcy: Court of Appeal clarifies jurisdiction and procedure for challenging a proposed trustee’s fitness to act

 

Breach of contract: Thomas WK Wong successfully resists claims of over US$936,000 for damages in sale of goods dispute

 

Denis Chang’s Chambers achieves excellent rankings across five practice areas in Legal 500 Asia-Pacific 2021

 

Thomas Wong resists appeal against refusal to transfer Labour Tribunal case to District Court

 

Restraint of trade and lease’s restrictive covenants: UK Supreme Court overrules majority, in favour of minority, in Esso Petroleum [1968] AC 269 (HL)

 

Reflective loss: UK Supreme Court majority reaffirms Prudential [1982] Ch 204 (CA) and Johnson [2002] 2 AC 1 (HL) per Lord Bingham (only)