Hill Dickinson Hong Kong

Commercial Disputes, Restructuring & Insolvency

Partner

Bryan was admitted as a solicitor in Scotland in 1991 and Hong Kong in 1993.

His career in Hong Kong began at Richards Butler (now Reed Smith) followed by Hogan Lovells and Hill Dickinson (since 2015) where he is a Partner and Deputy Head of Office.

English (fluent), French (semi-fluent), German (conversational)

Member of the Law Society of Hong Kong Member of the Law Society of England and Wales (registered foreign lawyer) Member of the Law Society of Scotland Member of INSOL International and the Restructuring and Insolvency Faculty of Hong Kong Institute of Certified Public Accountants Member of the advisory board of Roubrick

University of Strathclyde, Bachelor of Laws (LLB) & Post Graduate Diploma in Legal Practice (1985 to 1989)

Bryan has practiced continuously in Hong Kong for over 30 years with leading international law firms. He has extensive experience in all forms of dispute resolution including litigation, arbitration (ICC/HKIAC/CIETAC and ‘ad hoc’) and mediation. He usually advises clients on highly complex commercial and insolvency related disputes involving multiple stakeholders in different jurisdictions. He has a proven track record from three decades of experience and successfully managing high stakes multi-jurisdiction litigation including corporate fraud, cross-border insolvencies and receiverships and distressed or ‘special’ situations in Mainland China. He also advises on high profile personal bankruptcies and related litigation involving family group structures and trust arrangements.

Bryan has led some of Hong Kong’s most significant high profile commercial and insolvency cases from the Hong Kong Court of First Instance through to the Court of Final Appeal.

He also has significant experience advising professional investors on exit strategies following China related bond defaults.

Bryan is also an active thought leader in the legal sector. With almost three decades of experience, he has consistently demonstrated his deep understanding of complex legal issues and the evolving legal landscape. He contributes valuable insights and innovative perspectives through provoking and informative articles and speaking engagements on legal trends and developments. He is also a featured video presenter on an online legal media platform.

He recently acted for the founder of an aged care service provider with operations in the US and China in his successful appeal to the Court of Appeal against a bankruptcy order and appointment of Trustees in bankruptcy and subsequently opposing the Petitioner’s further appeal to Court of Final Appeal. This case established the now renowned ‘Guy Lam principle’ that, in an ordinary case where the underlying dispute of the petition debt was subject to an exclusive jurisdiction clause, the Court should dismiss the petition unless there are countervailing factors, such as the risk of the debtor’s insolvency impacting third parties, the debtor’s reliance on disputes that border on the frivolous, or an occurrence of an abuse of process ([2023] HKCFA 9). The CFA judgment has been reported globally including in the Global Restructuring Review, Lexology, Hong Kong Lawyer, and by many other leading international law firms.

Legal texts:

Contributor to the Hong Kong Civil Procedure (the “Hong Kong White Book”)

Author of chapter ‘Insolvency and Companies’ in Bullen & Leake & Jacob’s Hong Kong Precedents of Pleadings (2013 First Edition, 2018 Second Edition, 2020 Third Edition and 2025 Fourth Edition).

Articles:

“New Reciprocal enforcement of judgment regime between Hong Kong and PRC introduced on 29 January 2024” – Lexology (30 January 2024)

Lexology Panoramic - Dispute Resolution 2024

Lexology Getting the Deal Through - Technology Disputes 2024

Lexology Getting the Deal Through - Dispute Resolution 2023

Lexology Getting the Deal Through - Dispute Resolution 2022

“Does the ‘Guy Lam Principle’ apply to arbitration clauses?” IBA, Insolvency and Restructuring International (November 2023)

Jurisdiction clause takes precedence over arbitration provision in reinsurance dispute | Hill Dickinson (28 January 2025)

Court decides it should rule on tribunal’s jurisdiction to avoid s.67 challenge | Hill Dickinson (17 December 2024)

Privy Council pivots from Hong Kong Court of Final Appeal to decide winding up petition does not offend against arbitration agreement | Hill Dickinson (24 June 2024)

English Court of Appeal dismisses public policy challenge to Hong Kong arbitration award | Hill Dickinson (11 June 2024)

Hong Kong’s Court of Appeal extends ‘Guy Lam Principle’ to arbitration agreements in Winding-Up Proceedings | Hill Dickinson (14 May 2024)

Liquidators have the final say on disclosure of information to creditors | Hill Dickinson (14 March 2024)

New reciprocal enforcement of judgments regime between Hong Kong and PRC introduced on 29 January 2024 | Hill Dickinson (30 January 2024)

Who foots the bill following the reversal of a bankruptcy order? | Hill Dickinson (28 September 2023)

Hong Kong’s Court of Final Appeal gives primacy to a foreign exclusive jurisdiction clause over insolvency jurisdiction in landmark case | Hill Dickinson (26 September 2023)

Landmark judgment from Hong Kong Court of Appeal on the effect of exclusive jurisdiction clauses in insolvency proceedings | Hill Dickinson (31 August 2022)

Getting the Deal Through – Dispute Resolution 2022 | Hill Dickinson (21 June 2022)

An overview on debt recovery enforcement processes in Hong Kong: from a perspective of China’s real estate liquidity crisis | Hill Dickinson (19 April 2022)

Who owes whom what? Nature of set-off under insolvency rules | Hill Dickinson (7 April 2021)

Legal directory recognition – Legal 500 and another leading directory (2020-2025):

“Bryan is amazing. He communicates quickly and clearly and is able to help clients and understand what they need. He gets all the facts and knows how to use them. He’s super easy to communicate with.”

“He’s very commercial and practical; that’s just his style and how he trains his people as well.”

“Bryan is someone I’d like to work with more. He’s known and strong in the market. He’s also hard-working and tenacious.”

“The team has a well-rounded general commercial litigation practice with particular strength in insolvency and restructuring related disputes.”

“Hill Dickinson Hong Kong’s ‘first rate’ Dispute Resolution practice entry notes the work of Bryan O’Hare who is described as a ‘top rate’ litigator and strategist’ and “one of the best in Hong Kong.”

“Hill Dickinson has a very strong balance in the depth and breadth of their team. They are very involved in every step, including the delivery or execution, swift and precise problem resolution and competitive pricing.”

“Hill Dickinson Hong Kong’s ‘first rate’ Dispute Resolution practice entry notes the work of Bryan O’Hare who is described as a ‘top rate litigator and strategist’ and ‘one of the best in Hong Kong.’”

“[Bryan O’Hare] comes across as someone I can trust; he has integrity, which is the big thing. He acts in the client's best interests.”

“Bryan is a high-profile disputes lawyer in Hong Kong. It was a pleasure to work with him in terms of professional ability as well as his understanding of our situation and challenge from a personal perspective. He gave us confidence on both fronts and was highly responsive throughout our dealings.”

“Bryan provided timely and accurate advice. He was strategically astute.”

“Bryan O’Hare is excellent and reliable.”

“Bryan O’Hare is noted as a lawyer who is ‘affable’ and ‘very client-focused, highly responsive and commercial’ with project management skills that are ‘second-to-none.’”

Hiking, karate, gym, movies.