Derek Chan SC

Derek obtained his law and commerce degree (majoring in accounting) in New Zealand. He was awarded the Bar Scholarship by the Hong Kong Bar Association in 2003 and was called to the Hong Kong Bar in 2004.  He took silk in 2018.

Since commencing practice, Derek’s focus has mainly been on commercial crime, corruption, criminal cases initiated by various regulators and misconduct in the securities market resulting in tribunal proceedings or criminal prosecutions initiated by the Securities and Futures Commission. He has appeared as counsel in a number of high profile criminal cases including the corruption trial of the ex-Chief Executive of the HKSAR, the murder trial of Nancy Kissel, the criminal prosecution arising out of the consent scheme sale of flats in a residential development in Tuen Mun (Villa Pinada), and in one of the earliest criminal proceedings brought in the District Court under the Securities and Futures Ordinance against defendants accused of large-scale market manipulation.

Derek has also developed a significant appellate practice, appearing regularly in criminal appeals both in the Court of Appeal and in the Court of Final Appeal. He also appeared as amicus curiae in the Court of Final Appeal in HKSAR v Ho Yau Yin (2010) 13 HKCFAR 217 and in the Court of First Instance in Ng Shek Wai v The Medical Council of Hong Kong [2015] 2 HKLRD 121.

Called to the Bar:

New Zealand, 2002 
Hong Kong, 2004
Hong Kong Inner Bar, 2018

Areas Of Practice:

Commercial Fraud
Copyright and Trade Description Offences
Corruption
General Crime
Health, Safety and Departmental Summonses
Market Misconduct (civil and criminal)
Money Laundering
Professional Regulatory and Discipline
Restraint/Confiscation of Assets
Road Traffic
Stock Exchange

Qualification:

BComm/LLB (Auckland)

Professional Appointments:

Committee member, The Hong Kong Bar Association Standing Committee on Barristers Qualification Examination, since 2018
Member, Appeal Panel (Housing), since 2017
Adjudicator of the Registration of Persons Tribunal, since 2016
Committee member, The Hong Kong Bar Association Standing Committee on Bar Scholarship, since 2016
Committee member, The Hong Kong Bar Association Committee on Financial and Securities Law, since 2016
Committee member, The Hong Kong Bar Association Standing Committee on Code of Conduct, since 2016
Member, Barristers Disciplinary Tribunal Panel, 2015-2018
Committee member, The Hong Kong Bar Association Special Committee on Greater China Affairs, since 2010
Committee member, The Hong Kong Bar Association Committee on Criminal Law and Procedure, 2005-2016
Council member, The Bar Council of the Hong Kong Bar Association, 2014
Committee member, The Law Reform Commission of Hong Kong Double Jeopardy Sub-committee, 2007-2012
Vice-chairman, The Hong Kong Bar Association Young Barristers’ Committee, 2006-2009

Appearances in notable appellate cases:

SJ v Wong Ho Ming & Ors [2018] HKCA 173, [2018] HKCFI 77, [2018] 1 HKLRD 109 - appeared for the Secretary for Justice in a series of contempt of court cases arising out of the Occupy Central protests.

SFC v Young Bik Fung & Ors CACV 33/2016, [2016] 1 HKLRD 1249 - appeared for the appellants accused of insider dealing but tried under s.300 of the Securities and Futures Ordinance (Cap 571) in the context of s.213 proceedings.

HKSAR v Chan Chi Wan Stephen & Anor (2017) 20 HKCFAR 98, CACC 92 & 182 of 2014 - appeared for the 2nd Respondent in a case stated appeal concerning allegations of bribery against the General Manager of Television Broadcasts Ltd.

HKSAR v Yeung Ka Sing Carson (2016) 19 HKCFAR 279, CACC 101/2014 - appeared for the former President of the Birmingham City Football Club in relation to allegations of money laundering involving over HK$600M.

SJ v Global Merchant Funding (2016) 19 HKCFAR 192 - appeared for the respondent concerning the applicability of the Money Lenders Ordinance to a contract for the sale and purchase of future credit card receivables.

SFC v Pacific Sun Advisors Ltd & Anor [2014] 1 HKLRD 1168, (2015) 18 HKCFAR 138 - appeared for the SFC in a case stated appeal concerning the issue of unauthorised advertisements relating to a collective investment scheme, contrary to the Securities and Futures Ordinance.

SJ v Florence Tsang Chiu Wing & Ors (2014) 17 HKCFAR 739 - an appeal concerning an application to disclose to the Director of Public Prosecutions documents obtained in the course of discovery in a high profile matrimonial proceeding.

HKSAR v Ho Hung Kwan Michael (2013) 16 HKCFAR 525 - appeared for a government doctor charged with the common law offence of misconduct in a public office.

HKSAR v Yip Kim Po & Ors CACC 353/2010 - appeared for the ex-Chairman of Ocean Grand Holdings Ltd alleged of conspiring to defraud the listed company through machinery purchase contracts involving over HK$170M.

HKSAR v Egan & Ors (2010) 13 HKCFAR 314 – A high profile case involving a solicitor and a barrister accused of conspiring to pervert the course of justice in relation to the alleged interference of a potential witness who was cooperating with the ICAC.

To Shu-fai v Securities and Futures Commission (2009) 12 HKCFAR 758 – Appearing in the Court of Final Appeal on behalf of the Securities and Futures Commission.

SJ v Shum Chiu & Ors [2008] 1 HKLRD 155 (CA), FAMC 5/2007, DCCC 687/2004, CACC 424/2008 – criminal proceedings in relation to an application for permanent stay of proceedings on the basis of an alleged invasion of legal professional privilege on part of the investigating authority.

HKSAR v Luo Xian Ping [2007] 3 HKLRD 203 (CA) – an appeal concerning the propriety of a direction on recklessness to be given to the jury in a rape case when recklessness was not an issue at trial.

Chan Kar-leung & Ors v HKSAR (2006) 9 HKCFAR 827 – Appeal allowed on the basis of a fundamental error in the directions given to the jury.

HKSAR v Tam Lap-fai (2005) 8 HKCFAR 216 – An appeal concerning the breadth of the offence of obstructing a police officer in the execution of his duties.

Appeared in notable trials and tribunal hearings:

HKSAR v Tsang Yam Kuen Donald HCCC 484/2015 - appeared for the ex-Chief Executive of the HKSAR on allegations of corruption and misconduct in public office.

An inquiry of the Market Misconduct Tribunal into Mayer Holdings Limited - Appeared for three specified persons in an inquiry into whether a breach of the disclosure requirements under Part XIVA of the Securities and Futures Ordinance (Cap 571) may have taken place.

An inquiry of the Market Misconduct Tribunal into CITIC Limited - Appeared as Assistant Presenting Officer in an inquiry relating to an announcement made by CITIC Pacific Ltd in September 2008 and the impact of structured foreign exchange derivative contracts on the financial position of CITIC Pacific Ltd. 

HKSAR v Koon Wing Yee & Ors HCCC 66/2010 - Represented the 1st Defendant accused of blackmailing the Chairman of a listed company for 200M shares.

SFC v Chui Wing Nin ESS 27729-30/2011, [2013] 4 HKLRD 492 - Represented the Securities and Futures Commission in the prosecution of the ex-Assistant Director of CITIC Pacific Ltd, accused of trading on inside information relating to CITIC's losses on its foreign exchange structured derivative contracts.

HKSAR v Duncan Chiu & Ors DCCC 1086/2010 - Represented the ex-Managing Director of Far East Holdings International Co Ltd on allegations of conspiracy to defraud and theft involving over HK$60M of the funds of the listed company.

HKSAR v Lionel Krieger & Anor DCCC 316/2010, CACC 99/2012 - Represented the ex-General Manager of Swire SITA Waste Services Ltd (the 2nd Defendant) accused of conspiring to offer MOP 29M in advantages to Ao Man Long, the former Secretary for Transport and Public Works of the Macao Government.

HKSAR v Leung Sze Chit Eric DCCC 615/2010 - Represented a senior manager in KPMG accused of accepting an advantage in the listing of Hontex International Holdings Co Ltd on the Stock Exchange of Hong Kong.

HKSAR v Chu Chien Tung & Ors HCCC 320/2010 - A High Court fraud trial concerning alleged falsification of sales during applications to list on the Main Board and on the GEM Board of the Hong Kong Stock Exchange by Tungda Innovative Lighting Holdings Ltd.  Represented the 5th Defendant who was the former Chief Financial Officer and Executive Director of the company.

HKSAR v Nancy Ann Kissel HCCC 113/2004, HCCC 55/2010, [2014] 1 HKLRD 460 – A high profile murder trial involving a wife alleged of killing her expatriate husband who was a director of a well-known investment bank.  

HKSAR v Cheung Chi-ying Teresa DCCC 203/2008 – Represented the ex-Legal Manager General of the MTR Corporation Ltd accused of misconduct in a public office.

HKSAR v Ngai Chiu-fan & Ors. DCCC 1012/2007 – Represented the ex-CEO of a listed company in Singapore alleged of corruption related activities in Hong Kong.

HKSAR v Chan Chin-yuen & Ors. DCCC 497/2006 – Represented the 3rd defendant accused of market manipulation involving over HK$60M.

HKSAR v Tai Chi-wah & Anor. HCCC 39/2005, CACC 297/2006, FAMC 18/2008 – Represented the ex-Managing Director of Goldface Holdings Ltd on allegations of fraud involving over HK$400M, the amount representing the proceeds of the pre-completion sale of a residential development in Tuen Mun.

Telephone:

2521 2616 (Office)

Fax:

2845 0260

Email:

derek@plowmanchambers.com

Address:

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