The Legal 500

Baker & McKenzie

What we say about the firm's legal practice in Hong Kong

Asset finance

Within Asset finance, Baker & McKenzie is a second tier firm,

Baker & McKenzie has ‘a strong aircraft finance team - they always ensure a smooth delivery’. The practice is led by the ‘clever and experienced’ Andrew Lockhart in Hong Kong and Shanghai-based Harvey Lau, who ‘really understands what airlines need’. The team represented Shanghai Commercial Bank as equity investor in leveraged leases of two Boeing 777-300ER aircraft leased to Cathay Pacific, valued at HK$706m, and acted for Thai Airways on the expiry of a lease end purchase of a Boeing B747 worth $38.9m. Clients praise the team’s ‘extensive understanding of the industry’.

Banking and finance

Within Banking and finance, Baker & McKenzie is a second tier firm,

Baker & McKenzie’s relationships with Asian financial institutions, such as ICBC, China Construction Bank and CITIC Capital, helped the practice weather the financial downturn. Andrew Lockhart and Barry Cheng head the practice, with Stephen Eno also recommended. The ‘very efficient and responsive’ team represented Standard Chartered Bank in a $200m pre-funded syndicated term loan facility to Zoomlion Overseas Investment Management, and advised a syndicate of lenders led by Bank of China in a $600m term loan facility for Huawei Technology.

Capital markets (debt and equity)

Within Capital markets (debt and equity), Baker & McKenzie is a third tier firm,

Baker & McKenzie is stronger in equity, having seen its debt work dry up even more than others. The team is ‘reliable and professional’, and ‘always gives precise and appropriate advice with a positive attitude’. Milton Cheng advised Pacific Andes International on a HK$566.4m rights issue. Key figures include Elsa Chan and CY Leung.

Construction

Within Construction , Baker & McKenzie is a second tier firm,

Baker & McKenzie boasts a very strong non-contentious practice, with David Smith advising the authorities in a high value project on the West Kowloon Cultural District (WKCD) development. Hong Kong’s MTR Corporation instructed the team on the planning and design of the Hong Kong section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link. The non-contentious practice is complemented by a steady flow of contentious work, with Andrew Aglionby frequently advising employers in arbitration proceedings. Disputes arising from energy sector projects is another focus of the broad practice.

Corporate (including M&A)

Within Corporate (including M&A), Baker & McKenzie is a second tier firm,

Baker & McKenzie ‘provides a good service in terms of identifying key issues and giving quick responses - it is a firm we can trust for its advice’. The practice acted for the offerers, China Netcom and its parent, on the proposed privatisation of PCCW, and represented Hutchison Ports on the acquisition of three European container terminals. Practice head Yuk Tong Cheung is ‘a very experienced lawyer in advisory and M&A for mainland China and Hong Kong corporates, having worked in the industry for a long time’. Nancy Leigh and Dorothea Koo are key contacts.

Dispute resolution

Within Dispute resolution , Baker & McKenzie is a second tier firm,

Baker & McKenzie’s highly praised practice has seen a ‘very active’ year. The team, headed by Gary Seib, is renowned for its cross-border work, with PRC work being one particular focus. Cynthia Tang is recommended for litigation and regulatory work, and Andrew Aglionby is renowned for his construction disputes work, while the practice also covers areas such as restructuring and insurance related litigation. In the arbitration arena, the team acts for several multinational companies on matters relating to China International Economic and Trade Arbitration Commission, and the practice co-ordinates dispute resolution for a leading US-listed consulting services group in Asia.

Within Dispute resolution , Baker & McKenzie is a second tier firm,

Deacons ‘cover almost all domestic HK litigation’, and the broad practice impresses with the ‘strategic’ Daisy Tong, who ‘brought an extremely difficult and bitterly contested case to a satisfactory conclusion’. Robert Clark leads on the insurance side, where the firm is renowned for the substantial litigation undertaken. The team acted in a Court of Final Appeal case on behalf of a major developer, and defended a senior executive of an investment bank in a high profile insider trading trial. Several financial institutions instruct the large 17-partner department.

Employment

Within Employment , Baker & McKenzie is a first tier firm,

Baker & McKenzie’s high profile employment practice, is driven by the ‘impressive’ PRC employment law expert Andreas Lauffs and the ‘always excellent and spot-on’ Jennifer Van Dale, who has been promoted to partner and whose clients ‘had a terrific experience’ working with her. The group capitalises on the regional network, and is doing very well in China, where the arrival of special counsel Grace Shie from the Washington DC office is an asset. Jennifer Van Dale advised a US listed insurance and financial services organisation on restructuring, bonus and employee retention issues across eleven jurisdictions.

Hong Kong overview

Insurance

Within Insurance , Baker & McKenzie is a third tier firm,

Baker & McKenzie render ‘competent’ advice to insurers, banks, finance houses, and government institutions. Insurance regulatory specialist Paul Tan heads the group whose key clients are AIA, Manulife, New York Life and BOC Group Life. One highlight was the advice to a US insurer on the acquisition of a locally incorporated life insurer.

Intellectual property

Within Intellectual property, Baker & McKenzie is a first tier firm,

Baker & McKenzie provide their clients with ‘practical solutions time and time again’, and in Loke-Khoon Tan, has one of the leading practitioners in Hong Kong. Registrations and enforcement work are key strengths of this versatile practice, that represented Nokia on various injunctions for design patent infringements in China, and acted for a well-known restaurant group in a passing off action, where the team obtained an interlocutory injunction. The practice draws additional expertise from the China team, and acts frequently for an impressive roster of Asian clients on regional matters.

Investment funds

Within Investment funds, Baker & McKenzie is a third tier firm,

Baker & McKenzie focuses primarily on closed-ended funds, especially REITs and ETFs, for Hong Kong and PRC clients. Jason Ng leads the team, which has ‘a very good reputation and high level of expertise’, while Milton Cheng also deserves mention.

Private equity

Within Private equity, Baker & McKenzie is a third tier firm,

Baker & McKenzie advised private equity fund ARA Asia Dragon Fund on the acquisition of Nanjing International Finance Centre, valued at RMB1.6bn. Yuk Tong Cheung, Dorothea Koo and Jason Ng are key figures.

Projects and energy

Within Projects and energy, Baker & McKenzie is a third tier firm,

Baker & McKenzie has expertise across infrastructure, resources and construction. David Smith acted for MTR Corporation in planning a $3bn express rail link. Korea expert Won Lee continues to represent Korea Electric Power on its uranium mining project in Canada, a $15m joint venture with Fission Energy. Clients say the team is ‘responsive, has good industry knowledge and gives appropriate advice’.

Real estate

Within Real estate , Baker & McKenzie is a first tier firm,

Baker & McKenzie features a large regional practice and the team is praised for its ‘grasp of the commercial perspective’, with clients being particularly impressed by the ‘able’ Edmond Chan and REIT specialist Milton Cheng. Major REIT deals and hotel-related work kept the practice busy, and the team acted for Champion REIT on the $1.65bn acquisition of the Langham Place Mall & Office Tower. Standard Chartered-Istithmar Asia Real Estate Opportunity Fund and the Hong Kong Urban Renewal Authority are further clients of the ‘first choice team for non-trivial legal activities’.

Regulatory

Within Regulatory, Baker & McKenzie is a third tier firm,

Baker & McKenzie’s cross-practice model draws on expertise in banking, dispute resolution, tax, real estate and insurance. Milton Cheng leads the practice ,while Andrew Lockhart advised ICBC International (formerly ICIC) on the transfer of assets and liabilities to ICBC Asia.

Restructuring and insolvency

Within Restructuring and insolvency, Baker & McKenzie is a third tier firm,

Baker & McKenzie represented the creditors of Asia Aluminum in its debt restructuring and negotiating with Chinese and foreign investors, and advised CITIC Ka Wah Bank on the proposed debt restructuring of Egana. This matter has now gone into insolvency, and the firm is acting for the provisional liquidators. Clients value the firm’s ‘geographical reach’. Stephen Eno leads the restructuring side, while litigator Gary Seib is recommended for insolvency.

Structured finance and securitisation

Within Structured finance and securitisation, Baker & McKenzie is a third tier firm,

Baker & McKenzie advises on a range of asset-backed securities, commercial mortgage-backed securities and collateralised debt obligations, led by Barry Cheng. Key clients include Bank of East Asia, Thai Airways, Shanghai Commercial Bank and CITIC Capital. Clients say the team is ‘creative’ and ‘timely’.

TMT

Within TMT , Baker & McKenzie is a third tier firm,

Baker & McKenzie focuses on cross-border transactions and venture work. The team, headed by Nancy Leigh, has seen an increase in outsourcing and privacy work, and acted for China Network Communications and its subsidiary China Netcom on the proposed privatisation of PCCW. SK Telecom continues to instruct the practice, and AT&T is a client in outsourcing matters.

Tax and trusts

Within Tax and trusts , Baker & McKenzie is a first tier firm,

Baker & McKenzie’s range of work is impressive, with Michael Olesnicky and Jacqueline Shek displaying ‘excellent knowledge’ and giving ‘strategic advice’. US tax specialist Richard Weisman’s return from New York and partner hire Steven Sieker have strengthened the team. Tax planning, tax controversy, transfer pricing, M&A, and employment-related taxes are areas of focus and clients find the team ‘far superior to one of the Big 4 professional services firms’.


What we say worldwide

Please choose another Baker & McKenzie office to view full details of what we say in that region, or choose from this list to view a specific editorial reference in context.

Australia

Offices in Sydney and Melbourne

Austria

Offices in Vienna

Azerbaijan

Offices in Baku

Belgium

Offices in Brussels, Antwerp, and Brussels

Bahrain

Offices in Manama

China

Offices in Beijing and Shanghai

Czech Republic

Offices in Prague

Germany

Offices in Berlin, Frankfurt, Dusseldorf, and Munich

Egypt

Offices in Cairo

Spain

Offices in Madrid and Barcelona

France

Offices in Paris

Ghana

Hong Kong

Offices in Hong Kong

Hungary

Offices in Budapest

Indonesia

Offices in Jakarta

India

Italy

Offices in Rome, Milan, and Bologna

Japan

Offices in Tokyo

Kuwait

Kazakhstan

Offices in Almaty

London

Offices in London and London

Libya

Malaysia

Offices in Kuala Lumpur

Netherlands

Offices in Amsterdam

UK Overview

Philippines

Offices in Makati

Poland

Offices in Warsaw

Qatar

Russia

Offices in Moscow and St Petersburg

Sweden

Offices in Stockholm

Singapore

Offices in Singapore

South Korea

Saudi Arabia

Offices in Riyadh

Switzerland

Offices in Zurich and Geneva

Taiwan

Offices in Taipei

Thailand

Offices in Bangkok

Ukraine

Offices in Kiev

US

Offices in Washington DC, Palo Alto, New York, Miami, Dallas, Chicago, San Diego, San Francisco, and Houston

Vietnam

Offices in Hanoi and Ho Chi Minh City

Legal Developments by:
Baker & McKenzie

  • Tax Reforms Towards the Creation of an International Financial Center in Russia

    In December 2009 the Russian Parliament adopted important changes further promoting the Russian holding companies regime. Starting from January 1, 2011 Russian holding companies will no longer be required to meet the present 500 million ruble threshold for investments made into companies qualifying as “strategic investments” to receive tax benefits.
    - Baker & McKenzie

Legal Developments in Hong Kong

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Cayman Investment Company Obtains Chapter 15 Protection in the United States

    The United States’ Bankruptcy Court for the District of Delaware has recognised the liquidation of a Cayman company, Saad Investments Finance Company (No5) Limited (“SIFCO5”) (an SPV established to operate as an investment company), as a “foreign main proceeding” under Chapter 15 of the United States’ Bankruptcy Code.
    - Harney Westwood & Riegels
  • BVI to update Intellectual Property laws

    As the British Virgin Islands continues to play a vital role in facilitating global trade and investment, it turns its attention to helping its more than 60,000 new companies per year build a business environment where innovation can be a key economic driver. Towards this end, the BVI Financial Services Commission (the “FSC”), which is the public body with responsibility for, among other things, administering the intellectual property laws of the BVI, announced on 5 January 2010 the establishment of a Focus Group to review and revise the existing IP laws
    - Harney Westwood & Riegels
  • BRITISH VIRGIN ISLANDS CORPORATE ARRANGEMENT SCHEMES

    With a global economic downturn in full swing, companies around the world are looking for ways to safeguard their future existence. The strategies employed to do so are numerous and varied but a number of companies have employed the use of corporate arrangement schemes entered into with their creditors, investors and other stakeholders as a way to refocus and preserve their business.
    - Harney Westwood & Riegels
  • A Primer to Buying Securities Firms, Asset Managers, Insurers and Banks

    The meltdown in global financial markets has triggered a consolidation of the financial services industry as securities firms, asset managers, insurers and banks alike spin-off assets and restructure their operations to shore up capital. These transactions are often global in nature, involving substantial Hong Kong operations. In this article, we review the basic Hong Kong legal and regulatory framework for these transactions and present some lessons learned.
    - Timothy Loh, Solicitors
  • The PCCW Privatization: A Guide to the Applicable Law for Schemes of Arrangement

    Allegations of share splitting in the proposed privatization of PCCW have raised an important question as to how the statutory majority to approve a scheme of arrangement should be determined. This question is significant both in the short-term for investors trading PCCW and in the long-term in the context of future schemes of arrangement. In this article, we  examine the applicable laws and regulations with a view to providing hedge funds and other investors with guidance.
    - Timothy Loh, Solicitors
  • New Proposals to Regulate Mis-Selling of Investment Funds & Structured Products in Hong Kong

    The recent global financial crisis has resulted in an upswing in regulatory action throughout world markets. In Hong Kong, the Securities and Futures Commission (“SFC”) has proposed a slew of new requirements, some of which have already been implemented retroactively and without industry consultation. In this article we examine these ongoing developments in SFC policy and their effectiveness in reaching a fair balance between investor protection and costs to the investor and the financial industry.
    - Timothy Loh, Solicitors
  • Cross-border transactions and the advantages of using a BVI joint venture vehicle

    As cross-border transactions and international business partnerships become part of everyday life, parties are increasingly looking towards offshore jurisdictions for a neutral vehicle which can be tailored to all of the parties’ needs. This article will take a look at why companies incorporated in the British Virgin Islands (BVI) are suited for such transactions and, given the current economic climate, will also highlight some of the remedies available to a shareholder when a joint venture relationship takes a turn for the worse.
    - Harney Westwood & Riegels
  • The lender’s Holy Grail

    Indira Birkwood of Harneys outlines the advantages of using a BVI company for financing transactions
    - Harney Westwood & Riegels
  • THE USES OF VISTA TRUSTS

    The Virgin Islands Special Trusts Act, 2003 (" VISTA ") is now a little under 5 years old, having come into force in March 2004, and it is perhaps an interesting point to consider how the Act has been used and applied by the trust industry in the British Virgin Islands (" BVI ").
    - Harney Westwood & Riegels
  • Distressed Debt in Hong Kong: An Insolvency Primer for Private Equity

    Recent shocks to the financial markets as well as deteriorating economic conditions have brought insolvency issues sharply back into focus.  For some hedge funds and private equity funds, insolvency has come unwelcome in the form of the deteriorating financial condition of a portfolio company to whom loans have been made or whose debt the funds have acquired.  In this article, we review basic Hong Kong insolvency law concepts and outline debt recovery options.
    - Timothy Loh, Solicitors