YUAN SHAN CAO
Yuan Shan read law at the University of Sydney and graduated with First Class Honours. He then relocated to Hong Kong and upon completing his Postgraduate Certificate in Laws at the Chinese University of Hong Kong (ranking first in his year), he commenced his legal career as a trainee solicitor with Freshfields Bruckhaus Deringer.
During his traineeship, Yuan Shan gained broad experience in IPOs, capital raisings and cross-border mergers and acquisitions. He was also seconded to London and Beijing. Upon completion of his training he decided to join the Bar and was called in 2014.
In his first case, Yuan Shan appeared as junior counsel in an application for leave to appeal before the Court of Final Appeal. The case involved complex conspiracies to defraud a listed company.
Yuan Shan has since specialised in criminal litigation with a particular focus on complex commercial crimes and market misconduct. He has appeared as defence counsel (either led or as sole advocate) before the Magistracies, District Court, Court of First Instance, Court of Appeal and Court of Final Appeal. He is also regularly briefed to prosecute on fiat as well as to advise the Securities and Futures Commission in market misconduct cases and to act for the Commission before the Market Misconduct Tribunal.
On the civil side, Yuan Shan’s practice focuses on personal injuries litigation and he regularly appears in personal injuries trials before the Court of First Instance and the District Court. He is also experienced in high-value international arbitration having acted for a Hong Kong company to successfully recover three Airbus aircraft grounded in Malaysia.
Yuan Shan is a native English and Putonghua speaker. He also speaks fluent Cantonese.
Court of Final Appeal
Andrew Edward Left v SFC  HKCFA 23 – acted for the SFC in successfully resisting the applicant’s application for leave to appeal in a case involving market misconduct by disseminating false or misleading information.
HKSAR v Hon Ming Kong and Others  HKCFA 92 – acted for the 2nd defendant in an application for leave to appeal in a case involving complex conspiracies to defraud a listed company.
Court of Appeal
HKSAR v Yik Siu Hung  2 HKLRD 631 – acted for the defendant in appealing her convictions for conspiracies to defraud a listed company and the stock exchange and for money laundering.
Wong Bik Fai v Dragages Hong Kong Ltd  HKCA 575 – acted for the defendant employer in an appeal by the employee against the assessment of damages by the first instance judge.
Court of First Instance
HKSAR v Chen Keen and Others (HCCC 309/2019) – acted for the 2nd defendant in a 60-day jury trial involving allegations of conspiracies to defraud a listed company and the stock exchange.
Bokhim Dil Kumar v Dragages Hong Kong Ltd  HKCFI 3136 – acted for the defendant employer on the assessment of quantum in relation to a workplace accident.
Rai Surya Prakash v Pacific Crown Security Services Ltd  HKCFI 917 – acted for the defendant employer on the assessment of quantum in relation to a workplace accident.
Rai Dipak Kumar v Dragages Hong Kong Ltd  HKCFI 728 – acted for the defendant employer on the assessment of quantum in relation to a workplace accident.
Bishwakarma Bhakta Bahadur v Pacific Crown Security Services Ltd  HKCFI 1912 – acted for the defendant employer on the assessment of quantum in relation to a workplace accident.
HKSAR v Ng Chun Ming  HKCFI 1931 – successfully appealed the defendant’s conviction for careless driving.
Market Misconduct Tribunal
Evergrande Real Estate Group Limited – acted for the SFC in proceedings brought against the specified person for market misconduct by disseminating false or misleading information.
Meadville Holdings Limited – acted for the SFC in proceedings brought against two specified persons for insider dealing.
HKSAR v Reese Robert Miles David  HKDC 147 – acted for the defendant who was charged with possession of child pornography. Successfully challenged the police computer forensic expert’s evidence such that the judge did not rely on that evidence in reaching his verdict.
HKSAR v Fong Sai Ki  HKDC 1186 – acted for the defendant and secured his acquittal on a charge of committing an act of gross indecency with a child under the age of 16
Lo Ho Yin v Phoenix Satellite Television Co Ltd  HKDC 615 – acted for the defendant employer in relation to a work accident which occurred on a vessel at sea; liability for negligence was not established against the employer.