Roger Phang > Rede Chambers > Hong Kong, Hong Kong > Lawyer Profile

Roger Phang

+852 2532 6787 roger.phang@redechambers.com View profile

Position

Roger is an experienced junior with a broad commercial practice.  He practices across all areas of commercial law, including banking and finance, corporate insolvency, securities, civil fraud, bankruptcy and general commercial litigation.  His expertise also extends to land, trusts and contentious probate matters.

Roger is a Fellow of the Chartered Institute of Arbitrators, and maintains a busy arbitration practice.  He is frequently instructed both as a junior in high-stakes litigation and arbitrations, and as sole counsel in the High Court and the District Court.

Before joining the Bar, Roger qualified as a Solicitor in 2013 following his training at an international law firm.  He has been recognized as a rising star in Commercial Disputes in the Legal 500 Asia-Pacific guide for the Hong Kong Bar 2021.

RECENT HIGHLIGHTS

• Delco Participation BV v HWH Holdings Limited: Acting for the defendant in the multi-million-dollar claims arising out of the foreign party’s exit from a Sino-foreign joint venture successfully listed in 2010 (with William Wong S.C. and Norman Nip S.C.).  The dispute has generated numerous interlocutory decisions in the CFI and CA since 2016.  The case is now pending judgment after a 15-day trial held in July 2021.
• Chow Tai Fook Nominee Limited v Diamond City Limited and Others[2021] HKCFI 3019: Acting for the lender in the summary judgment and striking-out applications for the repayment of loans of over US$68 million (with Ambrose Ho S.C.).
• Li Man Wai v Ngan Suet Fong Bonnie [2021] HKCFI 931: Acting for the successful defendant in resisting a claim to set aside the transfer of a property registered in the joint names of the defendant and her husband, who was subsequently adjudged bankrupt, on the basis that it was held on a common intention constructive trust for the defendant solely (with Michael Yin).
• Securities and Futures Commission v Chiu Duncan and Another [2021] HKCFI 302: Acting for the Commission in the petition for disqualification orders under s.214 of the Securities and Futures Ordinance arising out of the respondents’ mishandling of corporate funds and misleading disclosures to the corporation’s shareholders (with Horace Wong S.C.).

OTHER NOTABLE CASES

Banking & Finance

• DBS Bank (Hong Kong) Ltd v Sit Pan Jit[2016] 5 HKC 104: Acting for the bank in resisting an appeal arising out of a financial mis-selling claim (with Horace Wong S.C. and Victor Dawes S.C.).  One of the issues was whether the investor was precluded by contractual estoppel from alleging misrepresentation.  The investor’s application for leave to appeal to the CFA was dismissed (FAMV 45/2016, 17 February 2017).
• Advising an investor on a financial mis-selling claim worth US$16 million arising out of an offer of margin financing by a sales representative of a major bank in Hong Kong.

Corporate Insolvency

• GS Harvest Limited v Forever Winner International Development Limited[2021] HKCFI 3029:  Acting for the petitioner in a winding-up petition against a guarantor.  The case concerned the formal validity of an assignment of the underlying debt at the time of the presentation of the petition.
• Re Capella Capital Limited[2020] 2 HKLRD 274:  Acting for the corporate respondents in an application for striking-out of winding-up petitions for want of jurisdiction (with Norman Nip (now Norman Nip S.C.)).
• Friendship Investments Ltd v To Chun Fan and Others[2020] HKCFI 356:  Acting for the subsidiary to strike out the petition naming it as a respondent on the ground that no relief is sought against it.  The Court refused to strike out the petition against the subsidiary on the basis that discovery by the subsidiary may be necessary.
• Friendship Investments Ltd v To Chun Fan and Others[2019] HKCFI 1669:  Acting for the subsidiary of a company sought to be wound up in opposing the petitioner’s application for an injunction requiring the respondents to notify the petitioner of any intention to deal with the properties owned by the subsidiary.

Securities 

• Securities and Futures Commission v Zheng Dunmu and OrsHCMP 1462/2019: Acting for the Commission in a petition for disqualification and other orders under s.214 of the Securities and Futures Ordinance (with Ambrose Ho S.C.).
• Market Misconduct Tribunal Inquiry into dealings in the securities of Fujikon Industrial Holdings Limited:  Acting for the Commission in the MMT proceedings arising out of a breach of a disclosure requirement under ss.307A, 307B and 307G of the Securities and Futures Ordinance (with Horace Wong S.C.).
• Securities and Futures Commission v Cheong Kai Tjieh Augustine and Anor[2018] HKCFI 437:  Acting for the Commission in an application for orders under s.213 of the Securities and Futures Ordinance (with Victor Dawes S.C.).
• Market Misconduct Tribunal Inquiry into dealings in the securities of Titan Petrochemicals Group Limited:  Acting for the Commission in the MMT proceedings arising out of insider dealing contrary to s.270 of the Securities and Futures Ordinance (with Victor Dawes S.C.).

Civil Fraud

• NongHyup Bank (as trustee of PacificBridge Gold Income Fund I) v Universe Income Builder Fund VI LLC:  Acting for the plaintiff in its proprietary, misrepresentation, conspiracy and dishonest assistance claims to recover over US$32 million of investments into a suspected Ponzi scheme.  For a recent decision arising from one of the defendant’s interpleader application, see [2021] HKCFI 3519.
• Aleksandr Narimanovich Kushaev v Greenly Holdings Limited and Ors[2019] HKCFI 2745:  Acting for the defendants in their applications to discharge an ex parte Mareva injunction on the grounds of material non-disclosure.
• Gerald Metals SA v Sanson Metal (International) Limited and Ors[2019] HKCFI 1103:  Acting for the plaintiff in obtaining urgent ex parte Mareva injunctions in aid of arbitrations to be commenced in London and Hong Kong.

Bankruptcy

• Re Ding Yi, a bankrupt[2019] HKCA 1195: Acting for the creditor in resisting an application for leave to appeal out of time. The CA considered whether it is reasonably arguable that the legal title to post-bankruptcy income is not vested in the trustees-in-bankruptcy and a claim for an anti-suit injunction to prevent the applicant from being personally restrained from leaving Mainland China is a chose in action.
• Re Qin Jun, a bankrupt[2019] HKCFI 2515: Acting for the trustees-in-bankruptcy in resisting an application to challenge the Hong Kong court’s jurisdiction. One of the main issues was whether the Hong Kong court has subject matter jurisdiction to set aside transfers of properties situated in the United States under s.49 of the Bankruptcy Ordinance.
• Ding Yi v Shum Tung[2019] 2 HKLRD 1177, [2019] HKCFI 1232: Acting for the creditor in resisting an application for an anti-suit injunction by the bankrupt to restrain the creditor from enforcing an arbitral award in Mainland China.  The case considered whether a bankrupt has standing to make the application.

Commercial Litigation

• High Fashion New Media Corporation Limited v Leong Ma Li:  Acting for the defendant in committal proceedings against her for breach of an injunction restricting her dealing with joint venture assets.  For a recent decision concerning the defendant’s successful application under s.48 of the Evidence Ordinance to compel the plaintiff to call a person as a witness at trial, see [2021] HKCFI 3466.
• Delco Participation BV v HWH Holdings Limited and Ors[2020] 5 HKLRD 712: Acting for the defendants in an appeal which raised a construction point as to whether an amendment to plead an additional debt as part of an existing defence of set-off introduces a “claim” within the meaning of s.35 of the Limitation Ordinance (with William Wong S.C. and Norman Nip (now Norman Nip S.C.)).
• Delco Participation BV v Chiho Environmental Group Limited and Anor [2020] HKCFI 1643: Acting for one of the defendants in resisting an application for summary judgment and interim payment based on an alleged admission by affidavit (with William Wong S.C. and Norman Nip (now Norman Nip S.C.)).  One of the issues which arose was whether the fraud exception was engaged where the fraud alleged was not perpetrated against the plaintiff.
• Delco Participation BV v HWH Holdings Limited [2020] HKCFI 608: Acting for the defendant in an application for leave to appeal (with William Wong S.C.).  One of the issues considered was whether leave was required under O.59, r.21(1)(a) where the very point on appeal was whether the proposed pleading introduces a new “claim”.
• WEA International Inc v Soliton (HK) Limited[2019] HKCFI 751: Acting for the successful plaintiff in an application for summary judgment for payment of a “non-refundable prepayment” after termination of contract.
• General Appliance (Hong Kong) Limited v Friendship Investments Limited and Ors[2019] HKCFI 631:  Acting for the successful plaintiff in an application for summary judgment and an interlocutory mandatory injunction requiring the defendants to deliver up to the plaintiff the title deeds of the plaintiff’s properties (with Anthony Chan).
• G H Property Holdings Ltd v Able Profit Investment Ltd[2018] HKCFI 2480: Acting for the defendant in resisting an O.14A application for summary disposal on a point of law involving the principles of foreign illegality (with Jin Pao S.C.).
• Kwai Tak Ming v K.S. Capital One Ltd and Ors[2017] HKLRD 19: Acting for the appellant in an appeal against judgment setting aside a sale and purchase agreement on the grounds of misrepresentation (with Horace Wong S.C.).

Arbitration

• Acting for the respondents in an HKIAC arbitration involving a claim for repayment of earnest money in the amount of RMB1 billion.
• Acting in an HKIAC arbitration under the UNCITRAL Rules arising out of the registration and use of trademarks related to a Michelin-starred restaurant group.
• Acting in an ad hocarbitration under HKIAC Administered Arbitration Rules arising out of the breach of an agreement for sale and purchase of property in Mainland China.
• Acting for the claimant in an HKIAC arbitration under the UNCITRAL Rules involving a USD100 million claim for repurchase of shares under a shareholders’ agreement.
• Acting for the defendant in an ad hocarbitration under the UNCITRAL Rules arising out of the non-payment of financial advisory fees following a successful introduction of a buyer.
• Dana Shipping and Trading SA v Sino Channel Asia Ltd[2017] 1 HKC 329: Acting for the defendant in application for security for costs of an appeal against the setting aside of leave to enforce a foreign arbitral award in Hong Kong which has been set aside in the seat of arbitration.

Land, Trusts, and Contentious Probate

• Chan Yeuk Nam and Ors v Chan Yeuk Shan[2021] HKCFI 3649:  Acting for the executrix in an application to remove her and appoint independent administrators in her place on the grounds of conflict of interest and loss of confidence.
• Anthony Francis Li and Clarence A Li, Managers of Li To Wan Tso v Kwok Wui Knitters Limited [2021] HKCFI 2408:  Acting for the purchaser of a Tso to enforce a provisional agreement said to be null and void and unenforceable as a result of an absence of consent from the District Office.  For a recent case management decision on whether the action should proceed by writ, see [2021] HKCFI 2408.
• China City Construction & Development Co., (HK) Limited v Huinong Fund International Investments Ltd and Anor[2020] HKCFI 1925:  Acting for the defendants in resisting an application for proprietary and Mareva injunctions and preservation orders based on alleged breaches of trust in respect of listed company shares worth over HK$200 million.
• Wong Tak Chung and Anor v Wong Ping Shing[2020] HKCFI 1914:  Acting for the successful co-owners in application for an order for sale of land under the Partition Ordinance.  The application was conducted in Chinese (both written and oral submissions).
• Ho Kwok Wing v Chan Mei Mui [2020] 3 HKLRD 548:  Acting for the successful defendant in resisting an appeal (with Horace Wong S.C.).  One of the issues on appeal was whether the plainly wrong test applied when seeking to overturn a finding of fact which involved both an assessment of demeanour or credibility and drawing of inferences from primary facts.  For the first-instance judgment where the defendant succeeded in establishing that the property registered in the joint names of herself and one of her sons was held on a common intention constructive trust for herself solely, see [2018] HKCFI 1135.
• Ho Man Lap v Chan Shui Cheong and Anor[2020] HKDC 65:  Acting for the successful plaintiff in an assessment of damages for trespass to land, including an award for aggravated and exemplary damages.
• Ku’s Investment Co., Ltd v The Incorporated Owners of Landwide Commercial Building[2018] HKLDT 73:  Acting for the successful plaintiff in a trial concerning the incorporated owners’ duty to maintain the external wall and roof and related disputes over the proper construction of the DMC (with Horace Wong S.C.).

DIRECTORY RANKING / QUOTES

• Ranked as a Rising Star in Commercial Disputes in The Legal 500 Guide to the Hong Kong Bar
• “A rising-star – hardworking, highly-responsive… and strategic” (2021)
• “Roger has very solid legal knowledge, and provides advice that is both practical and commercial.  He is practicing at a level way beyond his level of seniority.” (2022)

Career

Call: 2015

Languages

English, Cantonese, Putonghua (Mandarin)

Memberships

• Fellow, Chartered Institute of Arbitrators
• Member, Committee on Financial and Securities Law, Hong Kong Bar Association (since 2019)
• Part-time Judicial Associate, Court of Appeal (since 2021)

Education

EDUCATION

• BCL, University of Oxford (2014)
• PCLL (Distinction), Chinese University of Hong Kong (2011)
• LLB (First Class), Chinese University of Hong Kong (2010)

SCHOLARSHIPS AND PRIZES

• Sir Edward Youde Memorial Fellowship for Overseas Studies (2013)
• HKSAR Government Scholarship (2011)
• Dean’s List (2008, 2009, 2010)
• Jessup International Law Moot Court Hong Kong Rounds Champion and Best Oralist (2010)
• Hardy C. Dillard Award for 1^st Place Best Memorials (2010)
• Kunkle and Pommerenke Grand Scholarship (2010)
• Chung Chi College Class Scholarship (Honorary) (2010)
• Baker & McKenzie Scholarship (2009)