Tony Ko

Tony is experienced in civil and in white-collar criminal cases.  He regularly appears as counsel (both led and as sole advocate) in a variety of courts and tribunals, including the Court of Appeal and the Court of Final Appeal.  

Tony's criminal and regulatory practice focuses on commercial fraud, and investigations initiated by the Securities and Futures Commission ("SFC") and the Independent Commission against Corruption ("ICAC").  Tony has represented directors and substantial shareholders of listed companies in defending proceedings brought by the SFC and ICAC.   He has also been instructed to conduct private prosecutions against directors and substantial shareholders of listed companies for offences under the Securities and Futures Ordinance.

This provides a unique perspective to Tony’s extensive civil practice, which focuses on company law, shareholders dispute, civil fraud and insolvency.  Tony has also appeared in leading cases on land law (adverse possession, Chinese customary law and other land disputes), trust law (constructive trust, breach of fiduciary duty and property disputes) and medical negligence/personal injury.  Other main practice areas include: arbitration, commercial law, employment disputes, intellectual property, construction disputes, shipping disputes, contentious probate litigation, ancillary relief and judicial review.  A list of notable cases can be found under the Notable Cases section herein. 
 
Tony has advised and/or acted for clients including the AIA Group, Hong Kong Stock Exchange, Hospital Authority and Medical Council. 

Prior to joining Chambers, Tony studied law at the University of Hong Kong (LLB, PCLL) and King’s College London (LLM), and had obtained numerous awards and prizes. During his time at HKU Tony represented the University in a number of international mooting competitions.  Tony was the Founding President of the HKU Advocacy and Mooting Society, and remians devoted to providing advocacy training to the Bar at the Advocacy Training Council.

Tony serves as a Chariman of the Buildings Appeal Tribunal and an Adjudicator of the Immigration Tribunal.  He is currently a member of the Bar Association Special Committee on Competition Law and had served as a member of the Bar Association Special Committee on Companies Law, and was appointed by the HKU Senate as an External Examiner in Commercial Dispute Resolution.

Called to the Bar:

Hong Kong, 2006

Areas Of Practice:

Arbitration
Adverse Possession
Applications under Part II of the Mental Health Ordinance 
Bailment
Banking and Finance 
Bankruptcy
Building Management
Competition Law
Commercial Fraud
Company Law and Winding Up
Construction Law – Arbitration, Mediation and High Court Proceedings
Contract Disputes
Corruption
Conveyancing
Defamation
Employees’ Compensation
Employment Law
Fatal Accidents
Fraud/Tort of Deceit
General Civil Claims
Guarantee
Industrial Accidents
Injunctive Relief
Insurance
International Trade
Landlord and Tenant
Liquor Licensing
Market Misconduct (civil and criminal)
Money Laundering
Motor Accidents
Partnership
Personal Injuries
Professional Negligence 
Professional Regulatory and Discipline
Product Liability
Restitution
Sale of Goods
Securities Law
Shipping
Stock Exchange
Taxation
Town Planning and Building Appeals
Trespass to Land
Trusts
Wills, Probate and Succession
Wrongful Interference With Goods

Qualification:

LLB (Hons.) (University of Hong Kong)

PCLL (University of Hong Kong)

LLM (King’s College London)

Professional Memberships:

Member, Chartered Institute of Arbitrators, 2006 to present

Languages:

English, Putonghua and Cantonese

Appointments:

Chairman, Buildings Appeal Tribunal Panel (Current)

Adjudiciator, Immigration Tribunal (Current)

External Examiner, University of Hong Kong (Commercial Dispute Resolution) (Past)

Part-time Lecturer, City University of Hong Kong (Past)

Member, Bar Council Special Committee on Companies Law (Past)

Member, Bar Council Special Committee on Competition Law (Current)

Member, Bar Council Special Committee on Young Barristers (Past)

Executive Committee Member, Hong Kong Competition Association (Current)

Reported Cases

  • The Bar Council v Mark Richard Charlton Sutherland [2019] 4 HKLRD 294
  • But Ka Chong v Interactive Brokers LLC [2019] 4 HKLRD 85, [2019] 5 HKC 238
  • Tronic Int Pty Ltd v Topco Scientific Co Ltd [2017] 4 HKC 481, (2017) 22 HKPLR 45
  • T v TS and Ors [2014] 4 HKLRD 772, [2014] 6 HKC 247
  • T v B [2014] 4 HKLRD 772
  • Basab Inc and Anor v Superb Glory Holdings Ltd and Ors (2017) 20 HKCFAR 384
  • Erwiana Sulistyaningsih v Tsui Yun Bun Barry and Anor [2018] 1 HKLRD 487, [2018] 1 HKLRD 505
  • Fabiano Hotels Ltd v Profitmax Holdings Inc & Ors [2017] 6 HKC 414
  • Re Chin Wai Kei Gerodie [2010] 3 HKLRD 456, [2010] 5 HKC 96
  • Re Sunlight Elastic Limited [2013] 5 HKLRD 1, [2014] 1 HKC 362
  • Re Sanmenxia Tianyuan Aluminum Co Ltd [2013] 1 HKLRD 393
  • Hui Yin Sang v Choi Ping Kwan [2012] 2 HKLRD 1085
  • Re Chin Wai Kei Gerodie [2012] 2 HKLRD 657, [2012] 3 HKC 334
  • Tang Kin Cheung v Leung So Mui v Anor [2009] 1 HKLRD 443
  • Leric International Ltd (In Liquidation) v Easyrich International Holdings Ltd and Anor [2009] 2 HKLRD 238
  • Badreya Trading As Bright Star Raw Materials v Ramstar Tech Ltd [2015] 6 HKC 1
  • HKSAR v Hau Tung Ying & Anor (2011) 14 HKCFAR 453, [2011] 2 HKLRD 782
  • HKSAR v Leung Wan Keung [2011] 2 HKLRD 914
  • Chan Yau v Chan Calvin & Anor [2016] 1 HKC 1, [2016] CPR 1 
  • Wong Yuk Ying v Chan Pui Shan [2017] 5 HKC 163, [2017] CPR 195 
  • Chan Sung Lai v Sung Lim Paul and Anor Chan [2015] 4 HKLRD 268
  • Cheung Wah Nin and Ors v The Land Registry and Anor [2016] 5 HKLRD 356
  • Tang Kai Tung, the Manager of Tang Yuk Cho Tso v Tang Wai Lun [2016] 3 HKLRD 96
  • Chan Yau v Chan Calvin & Anor [201] 5 HKLRD 304, [2014] 6 HKC 634, [2014] CPR 327
  • Ng Chi Keung v Secretary for Justice [2016] 2 HKLRD 1330, [2017] 3 HKC 305
  • Ng Chi Keung v Secretary for Justice [2014] 5 HKC 89
  • Ambarini BT Sahari Kasto v Fok Ka Ching [2017] 1 HKLRD 880
  • Law Yin Pok Bosco v Dr. Chan Yee Shing [2014] 2 HKLRD 260, [2014] 3 HKC 556 
  • Cheung Sui Han v Dr. Luk Ka Ling [2012] 4 HKLRD 536, [2012] 5 HKC 147
  • Liu Chun Kow Joe v Lee Sau Wing [2008] 3 HKC 433
  • LPC v CYC [2014] HKFLR 445
  • TJCJ v HDCK [2015] HKFLR 269

 

Arbitration

  • Tronic Int Pty Ltd v Topco Scientific Co Ltd [2017] 4 HKC 481 – setting aside of arbitration award rendered under ICC Rules.
  • T v TS and Ors [2014] 6 HKC 247
  • T v B [2014] 4 HKLRD 772
  • Baosteel Engineering & Technology Group Co Ltd v China Zenith Chemical Group Ltd [2019] HKCA 435; [2019] HKCFI 120 - stay of execution of arbitral award
  • Acted for a foreign private equity firm in a shareholder dispute with its joint venture partners in Mainland China.
  • Acted for a leading construction company in the trial before an arbitration tribunal.
  • Acted for a leading chain of restaurants in a high value arbitration against a developer in Beijing.
  • Acted for client in a high value arbitration regarding a construction dispute in relation to the building of a high-tech laboratory in Russia.

Company, Insolvency and Commercial Fraud

  • Basab Inc and Anor v Superb Glory Holdings Ltd and Ors (2017) 20 HKCFAR 384 – shareholder dispute – reflective loss
  • But Ka Chong v Interactive Brokers LLC [2019] 4 HKLRD 85, [2019] 5 HKC 238 – The Court of Appeal considered the approach to be adopted in insolvency proceedings where there exists an arbitration clause covering the dispute, including whether to stay the insolvency proceedings for arbitration.
  • Re Lehman Brothers Securities Asia Ltd HCCW 437/2008 and Re Lehman Brothers Nominees (H.K.) Ltd HCCW 464/2008 – insolvency – acted for the liquidators in the winding up of the Lehman Brothers group of companies in Hong Kong
  • Erwiana Sulistyaningsih v Tsui Yun Bun Barry and Anor [2018] 1 HKLRD 487 – acted for the Plaintiff in the high profile case in which she sought to set aside a fraudulent transaction under s.60 of the Convincing and Property Ordinance
  • Fabiano Hotels Ltd v Profitmax Holdings Inc & Ors [2017] 6 HKC 414 – injunction in aid of foreign proceedings
  • Re Chin Wai Kei Gerodie [2010] 5 HKC 96 – challenge of resolution passed in creditors’ meeting
  • Re Easy Carry Ltd and Ors HCCW 297-301/2014 – acted for China CITIC Bank in the winding up / restructuring proceedings of the insolvent company
  • Re Chu Chi Ho Ian HCB 4344/2012 – removal of trustee in bankruptcy
  • Re Sunlight Elastic Limited [2013] 5 HKLRD 1, [2014] 1 HKC 362– Shareholder dispute – striking out of petition
  • Re Sanmenxia Tianyuan Aluminum Co Ltd [2013] 1 HKLRD 393 – insolvency – substitution of petitioner
  • Hui Yin Sang v Choi Ping Kwan  [2012] 2 HKLRD 1085 – shareholder dispute
  • Re Chin Wai Kei Gerodie [2012] 2 HKLRD 657, [2012] 3 HKC 334 – applicable test to be applied in a challenge to decision in creditors meeting
  • Tang Kin Cheung v Leung So Mui v Anor [2009] 1 HKLRD – Deadlocked company
  • Leric International Ltd (In Liquidation) v Easyrich International Holdings Ltd and Anor [2009] 2 HKLRD 238 – acted for the liquidators – unfair preference – avoidance of transactions
  • Badreya Trading As Bright Star Raw Materials v Ramstar Tech Ltd [2015] 6 HKC 1 – email fraud
  • Re Up Energy Development Group Limited HCCW 91/2016 – insolvency – acted for the China Mingsheng Banking Corp. Ltd. in the winding proceedings of the listed company.
  • Re UPI Technology Limited, HCCW 677/2003, 18/5/2007 – shareholder dispute – winding up – unfairly prejudicial conducts – just and equitable ground – acted for the Respondent in the company winding up case 
  • Re Urgyen Khandroling Buddhist Centre (Hong Kong) Limited, HCMP 175/2007 – shareholder dispute – removal of director – advised and represented the Company 
  • Re Business & Industrial Trade Fairs Ltd, HCCW 408/2007 – winding up – rescission of winding up order – advised and represented the Contributory in court hearings 

Criminal, ICAC Investigations and SFC Investigations

  • HKSAR v Hau Tung Ying & Anor (2011) 14 HKCFAR 453 – Represented the Defendant in the appeals (led by Peter Duncan S.C.) in the Court of Appeal and Court of Final Appeal in which officers of a listed company were charged with conspiracy to defraud.
  • HKSAR v Leung Wan Keung [2011] 2 HKLRD 914 – Represented the Defendant in the Court of Appeal in which the Defendant was charged with conspiracy to defraud
  • Represented the 3rd Defendant in the trial of HCCC 66/2010 (led by Eric Kwok S.C.) in which a well-known businessman and others were charged with blackmail.
  • HKSAR v Yip Wai King and Ors KCCC 4781/2007 - Represented the Defendants (led by Gary Plowman S.C.) in the trial and appeal involving charges of bribery.
  • HKSAR v Li Kin Kwok HCMA 233/2009 – Represented the Defendant (led by Gary Plowman S.C.) in the appeal involving charges of bribery.
  • Advised the Hong Kong Stock Exchange in an investigation against a listed company.
  • Advised a leading insurance group on its dispute with the SFC.
  • Private prosecution against the Chairman of a listed company for disclosing false and misleading information.

Property/Land/ Adverse possession

  • Chan Yau v Chan Calvin & Anor [2016] 1 HKC 1 (CA) – leading case on the illegality of small house development in the New Territories, resulting in the non-enofrcement of the development contract. 
  • Wong Yuk Ying v Chan Pui Shan [2017] 5 HKC 163 (CA) – represented the vendor in the Court of Appeal in this leading case on whether in a conveyancing transaction the vendor must deliver vacant possession despite a "subject to tenancy" clause. 
  • Chan Sung Lai v Sung Lim Paul and Anor Chan [2015] 4 HKLRD 268 – Common intention constructive trust.  The Court also dealt with the admissibility of evidence obtained covertly in breach of one's righ to privacy. 
  • Cheung Wah Nin and Ors v The Land Registry and Anor [2016] 5 HKLRD 356 -- Registrability of instruments
  • Tang Kai Tung, the Manager of Tang Yuk Cho Tso v Tang Wai Lun [2016] 3 HKLRD 96 (CA) – Adverse possession
  • Chow Tin Sang v Citihero International Ltd CACV 121/2012 (20/6/2012) – Adverse Possession
  • Chan Yau v Chan Calvin & Anor [2014] 6 HKC 634 (CFI) – the court considered the illegality of small house development in the New Territories, resulting in the non-enofrcement of the development contract. 
  • Chu Wen Jing Jeniffer v Sin Hon Wai HCA 121/2016 – trust and unjust enrichment

Probate and administration

  • Kwok Suk Yin v Wong Chu Pong and Ors HCAP 11/2007 Contentious probate litigation – validity of will – capacity to make a will
  • Leung Sze Sum Cidy and Anor v Au Lap Yan and Anor HCAP 7/2017 – Contentious probate litigation – propounding a lost will
  • Chow Wai Fong and Anor v Chau Chi Keung HCAP 20/2013 – Beddoe application
  • Mak Mei Ki Angelal v Chan Wai Fong and Anor HCMP 1894/2016 – removal of administrator
  • Ye Jinxiang v Kam Ping Kwong HCAP 25/2012 - residual estate

Judicial Review

  • Junior Police Officers’ Association of the Hong Kong Police Force v Electoral Affairs Commission and Ors [2019] HKCA 1197 – Represented the Applicant (led by Abraham Chan SC) in the Court of Appeal in which the Court allowed the appeal and granted an interim injunction prohibiting public inspection of the Final Register of electors in the forthcoming District Council election.  The Court of Appeal strongly condemned the practice of doxxing and explained the adverse impact such practice has on election and Society. 
  • Junior Police Offices’ Association of the Hong Kong Police Force v Electoral Affairs Commission and Ors [2019] HKCFI 2543, HCAL 3042/2019, 16 October 2019 – represented the Junior Police Officers’ Association in the case involving the constitutionality of revealing the identity and address of electors to the public and candidates.
  • Ng Chi Keung v Secretary for Justice [2016] 2 HKLRD 1330, [2017] 3 HKC 305 – Represented the Applicant in the judicial review proceedings against the decision of the Director of Public Prosecutions to intervene and terminate the private prosecution brought by the Applicant.  Important constitutional issues regarding the right to bring private prosecutions and the position of the Director of Public Prosecutions were considered.
  • Ng Chi Keung v Secretary for Justice [2014] 5 HKC 89 Represented the Applicant in the Court of Appeal in which the Court allowed the appeal and granted leave for judicial review proceedings to be brought against the decision of the Director of Public Prosecutions to intervene and terminate the private prosecution brought by the Applicant.

Equal opportunities and Employment

  • Sit Ka Yin Priscilla v Equal Opportunities Commission and Anor, HCMP 1117/2011 - acted for the plaintiff in the claim by the former director of EOC for workplace discrimination.
  • Cantor Fitzgerald (Hong Kong) Capital Markets Ltd v Jason Jon Boyer and Ors HCA 43/2012 – acted for a leading Wall Street brokerage firm in a high profile dispute between the company and its former director and brokers.

Personal injury and Medical negligence

  • Lam Po Yee and Anor v Dr. Chan Yee Shing HCPI 62/2011, 8/5/2017 – represented the parents in the medical negligence claim against the defendant doctor.  The principles of recovery in relation to nervous shock sustained after witnessing their son’s condition as a result of the doctor’s treatment was considered in detail by the Court. 
  • Ambarini BT Sahari Kasto v Fok Ka Ching [2017] 1 HKLRD 880 – assessment of damages for a victim of rape.
  • Law Yin Pok Bosco v Dr. Chan Yee Shing [2014] 2 HKLRD 260, [2014] 3 HKC 556 -- appeared for the Plaintiff in his successful appeal to the Court of Appeal
  • Cheung Sui Han v Dr. Luk Ka Ling [2012] 4 HKLRD 536, [2012] 5 HKC 147
  • Liu Chun Kow Joe v Lee Sau Wing [2008] 3 HKC 433 represented the defendant in which the point of law as to whether the novel claim (which is not conventionally made) brought by the plaintiff for his loss of enjoyment of holiday calculated on the basis of his daily earnings should be allowed.
  • Erwiana Sulistyaningsih v Law Wan Tung DCPI 569/2015 -- appeared in this high profile case by the former domestic helper of the Defendant, claiming for damages arising from assault and false imprisonment. 
  • Sun Jianqiang v Trans-Island Limousine Service Limited, CACV 20/2003, 12/2/2007 – acted for the defendant in opposition to the Plaintiff’s application for leave to appeal to the Court of Final Appeal.
  • Stella Wu v Hospital Authority, HCPI 1415/2000, 3/8/2007 represented the Hospital Authourity at trial (led by John Bleach S.C.) defending the claim by an injured nurse alleging an unsafe system of work adopted by the Hospital Authority.

Family, matrimonial and ancillary relief

  • LPC v CYC [2014] HKFLR 445
  • TJCJ v HDCK [2015] HKFLR 269
  • ZYM v LYK and Ors FCMC 1457/2007

 

Other published cases in which Tony Ko appeared as counsel may be found by searching the phrase “Tony Ko” in the “Judgments” section of the Hong Kong Judiciary website at http://www.judiciary.gov.hk/.

 

Publications

Contributing Author, Lexis Practical Guidance – Dispute Resolution

Contributing Author, Lexis Practical Guidance – Employment

Shanghai Lawyer – An Illustration of the Operation of the Competition Ordinance (2015)

Complex Commercial Crimes Ordinance, Cap 394 – Annotated Ordinances of Hong Kong (2016)

Dean’s Honours List (2000-2001)

Dean’s Honours List (2002-2003)

Asian-America Institute in Transnational Law Scholarship (2001)

Middle Temple Society Hong Kong Scholarship (2002)

Bloomsbury Books Prize for Civil Procedure (2004)

Telephone:

2521 2616 

Fax:

2845 0260

Email:

tony.ko@plowmanchambers.com

Address:

14th Floor, Tower 1, Lippo Centre, 89 Queensway, Admiralty, Hong Kong