The Legal 500

Clifford Chance

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

Asset finance

Within Asset finance, Clifford Chance is a second tier firm,

Clifford Chance’s asset finance practice is managed by consultant Paul Greenwell, with support from Simon Briscoe in Singapore. The practice has a niche in Japanese operating leases, and represents Air Hong Kong and Korean Air. The team advised BNP Paribas on a $750m export credit facility to finance the acquisition of A380s for Qantas.

Banking and finance

Within Banking and finance, Clifford Chance is a first tier firm,

The ‘excellent’ practice at Clifford Chance has a strong track record in leveraged finance, pre-IPO work, and trade and acquisition financing. The team, led by Huw Jenkins, and with a key partner in Anthony Wang, has been strengthened by Matthew Truman’s appointment as partner and Andrew Hutchins’ move from London. The practice represents China Development Bank, Bank of China, HSBC and Credit Suisse, and handles debt financing in Macau.

Capital markets (debt and equity)

Within Capital markets (debt and equity), Clifford Chance is a third tier firm,

Clifford Chance has a good reputation for its wide-ranging debt work, but has made efforts to boost its equity practice recently, advising global sponsor UBS on the listing of Silver Base Group for $133m. The practice heads are Alex Lloyd and the ‘outstanding’ Connie Heng, whom clients say is ‘our first choice lawyer’. The practice focused on liability management last year, restructuring Ferrochina’s notes and warrants, valued at $125m.

Corporate (including M&A)

Within Corporate (including M&A), Clifford Chance is a first tier firm,

Clifford Chance has a host of standout partners, including practice head Roger Denny, recently appointed to the SFC Takeovers Panel, and Simon Cooke, who has transferred from London. Terence Foo, however, transferred to Beijing to bolster its mainland China presence. The practice offers ‘good quality work and value for money’, advising Morgan Stanley on the disposal of its $1.1bn stake in United Industrial Corporation. Chinalco, Bank of Tokyo-Mitsubishi UFJ and China Oilfield Services are also key clients.

Dispute resolution

Within Dispute resolution , Clifford Chance is a first tier firm,

Clifford Chance’s leading practice continues to have a ‘terrific name in the market’. The team has a following of loyal clients, who rate Martin Rogers and the ‘excellent’ team, alongside Brian Gilchrist and Elaine Chen, the latter joining in October 2008 from Mayer Brown JSM. In one highlight case, the team represented Sun Hung Kai Properties on proceedings to remove the company’s chairman and chief executive. Financial services regulatory work is still a focus and the team receives instructions from ABN AMRO, Bank of China (Hong Kong) and Morgan Stanley. Jim Jamison moved to the firm’s Tokyo office to spearhead the practice there.

Employment

Within Employment , Clifford Chance is a third tier firm,

Although not having a dedicated team, Clifford Chance makes use of Brian Gilchrist’s contentious capabilities and Kenneth Leung’s tax expertise. The team advised a private equity house on salaries tax matters and an educational establishment on misconduct issues. Jim Jamison has left for the firm’s Tokyo office to head the litigation team in Japan.

Hong Kong overview

Insurance

Within Insurance , Clifford Chance is a second tier firm,

Clifford Chance has a leading figure in Mark Shipman, who is ‘recommended for his non-contentious work’, while litigator Brian Gilchrist leads on the contentious side. The team suffered a blow when contentious specialist Alexander Gordon left for Stephenson Harwood & Lo. However, clients including AI and Swiss Re, instruct the team on dispute-related matters including professional indemnity defence work and D&O/fidelity claims work.

Intellectual property

Within Intellectual property, Clifford Chance is a third tier firm,

Mayer Brown JSM has a focus on contentious work and China-related matters, representing clients from industries such as IT, entertainment, media, sports and arts. The firm opened a trade mark agency in Beijing in March 2009, where PRC trade mark, copyright and domain name registration matters are handled. Kenny Wong heads the team that carries out extensive trade mark portfolio and IP registration work for HSBC, Hang Seng Bank, Cathay Pacific Airways, Hong Kong Dragon Airlines and Procter & Gamble.Clifford Chance enjoys an excellent reputation for litigation work, advising chemical manufacturer Huntsman in a trade mark and unfair competition litigation, and advising SanDisk on its regional IP commercial activities and enforcement matters. The team, headed by experienced litigator Ling Ho, provides general IP advice to Goldman Sachs on an ongoing basis, and has gained Pfizer as a new client.

Investment funds

Within Investment funds, Clifford Chance is a first tier firm,

Clifford Chance’s wide-ranging practice has expertise in exchange-traded funds (ETFs) and structured fund products. The sizeable practice saw the relocation of Tokyo partner John Fadely, who ‘has particular strength in real estate funds’, and Matthias Feldmann’s promotion to partner, joining Mark Shipman and James Walker. Clients are ‘extremely impressed by their ability to keep all parties at the negotiating table’. The practice advised State Street Global Advisors on the authorisation and listing of the SPDR Gold Trust, the first gold ETF authorised by the SFC, and represented New City Asia Partners in forming an $810m real estate fund focusing on China, Japan and Korea.

Private equity

Within Private equity, Clifford Chance is a first tier firm,

Clifford Chance continues to dominate this space, handling all aspects of private equity work, from fund formation to transactions, regulatory advice, debt finance and high yield issues. Clients recommend practice head Andrew Whan, and say the practice ‘provides immediate response times, in-depth industry knowledge, a strong team and good value for money’. The group advised CVC Asia Pacific on the sponsor-led privatisation of cosmetics company Natural Beauty Bio-technology, though the HK$2.4bn deal was eventually rejected by shareholders. The practice also acts for Apax Partners, Permira, MBK Partners, Carlyle, Affinity Equity Partners and Citadel. Huw Jenkins, Roger Denny and Simon Cooke, who relocated from London, are all recommended.

Projects and energy

Within Projects and energy, Clifford Chance is a first tier firm,

Clifford Chance is ‘excellent’ in project finance, operating across power, oil and gas, mining, utilities and infrastructure, and clean energy. Geraint Hughes and Huw Jenkins lead the practice. The practice has been involved in several headline transactions: advising Chinalco on its proposed acquisition of Rio Tinto; EDF on its joint venture with China Guangdong Nuclear Power to construct and operate two nuclear reactors, one of the largest joint ventures in China to date; and China Development Bank as lead arranger of the financing for a new $11bn gas pipeline across Central Asia.

Real estate

Within Real estate , Clifford Chance is a second tier firm,

Clifford Chance operates a banking and finance-focused practice, and has recently been busy with Japan-related financing matters. Huw Jenkins leads the Hong Kong team that acted as legal advisor to the West Kowloon Cultural District Authority and advised, among others, Bank of America, Barclays, and UBS regarding the “City of Dreams Macau” development.

Regulatory

Within Regulatory, Clifford Chance is a first tier firm,

Clifford Chance has one of the biggest practices in Hong Kong, acting for CITIC Pacific, Citigroup, Macquarie, Deutsche Bank, UBS, Morgan Stanley and Bank of China. Clients praise the lawyers’ ‘experience and expertise’, singling out Martin Rogers, who ‘has been in Hong Kong for a long time and is very up-to-date on the thinking of the local regulators’. Matthias Feldmann and Donna Wacker recently made partner, joining Mark Shipman. The team has been involved in several SFC investigations against financial institutions, and is drafting the regulations governing the new Hong Kong Mercantile Exchange.

Restructuring and insolvency

Within Restructuring and insolvency, Clifford Chance is a first tier firm,

Clifford Chance has undergone some changes recently, with the retirement of Patrick O’Connor, though he still remains as a consultant, and promotion of litigator Donna Wacker 
and finance expert Matthew Truman as partners. The group is led by Scott Bache, and clients say he is a ‘fantastic lawyer - very commercial, practical and experienced’. The practice advised OK Springroll, a consortium of three private equity investors involved with Asia Aluminum’s extrusion business, on options regarding the company’s restructuring. The team also worked with Citicorp International and the lenders on the restructuring of a $160m syndicated loan to Superb Team 
and Changshu Everbright Material Technology, which was the first major restructuring involving foreign lenders to be subject to China’s new bankruptcy law. The team also advised the creditors, HSH Nordbank and a syndicate led by Calyon, on the insolvency of Oasis Hong Kong Airlines and recovery of five Boeing aircraft leased to Oasis. Clients testify that ‘their lawyers are top-notch’ and ‘the team is always very professional and has in-depth knowledge of restructuring and insolvency’.

Structured finance and securitisation

Within Structured finance and securitisation, Clifford Chance is a second tier firm,

Clifford Chance has a number of individuals across the region that focus on securities and derivatives work, and is developing this further in China. Clients say the practice is ‘strong on derivatives’ and ‘excellent in all areas - their response times, business acumen, industry and legal knowledge are all very good’. Paget Dare Bryan and capital markets partner Connie Heng cover OTC derivatives and cross-border structured financings, with support from consultant Lena Ng in Singapore.

TMT

Within TMT , Clifford Chance is a third tier firm,

Clifford Chance focuses on telecoms transactional advice, with one highlight being the advice on a China-related merger and restructuring matter in the telecommunications industry. Corporate partner Cherry Chan is now one of the main pillars of the practice that suffered a major blow when Alison Lindsay left in June 2009, and it remains to be seen how the team manages to cope with the loss.

Tax and trusts

Within Tax and trusts , Clifford Chance is a first tier firm,

‘One of the few in the very top bracket’, Clifford Chance work mainly for banks and accountants. Litigator Brian Gilchrist’s ‘quality and turnaround time of work’ represents ‘good value’. The team has been further strengthened by the arrival of the ‘particular impressive’ Elaine Chen inOctober 2008. Key areas of advice are contentious tax, trusts and probate, and administration. Recent instructions came from property developers, Hong Kong family trusts, and international stock exchanges. Clients are ‘very impressed’ with the dedicated team.


What we say worldwide

Please choose another Clifford Chance 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.

United Arab Emirates

Offices in Abu Dhabi and Dubai

Belgium

Offices in Brussels

Bahrain

China

Offices in Shanghai and Beijing

Czech Republic

Offices in Prague

Germany

Offices in Dusseldorf, Frankfurt, and Munich

Algeria

Spain

Offices in Madrid and Barcelona

France

Offices in Paris

Ghana

Hong Kong

Offices in Hong Kong

India

Italy

Offices in Rome and Milan

Japan

Offices in Tokyo

Jordan

Kuwait

Lebanon

London

Offices in London and London

Luxembourg

Offices in Luxembourg

Morocco

Netherlands

Offices in Amsterdam

Oman

UK Overview

Philippines

Poland

Offices in Warsaw

Qatar

Romania

Offices in Bucharest

Russia

Offices in Moscow

Singapore

Offices in Singapore

South Korea

Taiwan

Thailand

Offices in Bangkok

Tunisia

US

Offices in Washington DC, New York, and Menlo Park

Legal Developments by:
Clifford Chance

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