Leon Guo > Rede Chambers > Hong Kong, Hong Kong > Lawyer Profile

Leon Guo

Position

Leon has dual legal education and professional qualification background in both Mainland China and Hong Kong. He graduated from Peking University Law School and the University of Hong Kong, and is qualified in both jurisdictions.

Before becoming a practicing barrister in Hong Kong, Leon worked as an in-house counsel in the Legal & Internal Control Department of a state-owned enterprise under the direct control of the PRC central government in Beijing, which is also the world’s largest mining/energy conglomerate. He is therefore able to fully understand Mainland Chinese clients, communicate with them effectively, understand the reality of different cases from the perspective of both jurisdictions, and hence provide practical legal opinions and dispute resolution options.

Leon practices in a wide range of civil and criminal cases, and he specializes in handling cross-border civil and commercial litigation and international arbitrations with Mainland China elements involved.  In terms of professional practice areas, Leon handles all areas of practice of our Chambers, with particular focus on corporate law, land law, contract law, tort law, securities regulation and white-collar crime.

RECENT HIGHLIGHTS

• Re MHL: Acted for one of the specified persons for hearings before the Hong Kong Market Misconduct Tribunal in which a Mainland China client was claimed by the Securities and Futures Commission to have engaged in insider dealing contrary to section 270 of the Securities and Futures Ordinance (Cap 571). The case highlights the importance of “knowledge” of a specified person insofar as allegations of insider dealings are concerned.
• Re A Cayman Company: Acted for a Mainland China corporate client for its loan dispute with a Hong Kong listed company in High Court proceedings. Hong Kong law applies for the main dispute. BVI legal proceedings including restoration and winding up of BVI registered companies, as well as the tortious liabilities of senior management of the Hong Kong listed company are also involved. The case is ongoing and the complication of BVI proceedings reminds Mainland Chinese clients to exercise special care when making investments with oversea counterparties.
• Re SYL: Acted for a Mainland China client in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a loan agreement entered into between the client and a security firm. Hong Kong law applies for the main dispute and the language of the proceedings are in Chinese. The arbitration proceedings are ongoing and various procedural issues including “single arbitration under multiple contracts” signifies the case as one of the iconic ones insofar as the application of Article 29 of the HKIAC 2018 Administered Arbitration Rules is concerned.

OTHER NOTABLE CASES

Commercial

• Re LJY: Acted for a client in Hong Kong High Court proceedings concerning the validity and enforceability of a loan agreement signed in a casino in Macau.  Macau law applies as the governing law of the main contract and Macau law expert evidence was adduced in support of the client’s defence case. Matters regarding the jurisdiction of Hong Kong court including the application of the doctrine of forum non conveniensare also in issue.
• Re A Bank: Provided Hong Kong legal opinion for a Mainland China corporate client for its supply chain finance business and the potential risks thereof under the Money Lenders Ordinance (Cap.163) in Hong Kong. With support of the legal opinion, the client re-assessed and perfected its investment scheme in a larger scale.
• Re Z: Provided Hong Kong legal opinion to a Mainland China corporate client for potential litigation proceedings in the High Court involving client’s offshore investment schemes and possible trust claims arising from debentures issued out of Hong Kong.
• Re NL: Provided Hong Kong legal opinion for a corporate client in Hong Kong regarding its potential dispute with outside investors and senior managements thereof. With support of the litigation team, the potential dispute was resolved at the interest of the client at an early stage.

Land and Probate

• Re TJM: Acted for a Hong Kong real estate developer in a dispute involving development of a piece of New Territory land and the sale and purchase of real properties erected thereon. Hong Kong law applies for the dispute and real estate valuation and administrative procedural issues for Hong Kong real estate development are also involved. The case is ongoing and is scheduled for a 9-day trial with both factual and expert evidence involved.
• Re LCHJ: Provided Hong Kong legal opinion for potential litigation proceedings in the High Court regarding sale and purchase of properties in Hong Kong. Transfer of properties under joint tenancy and various other conveyancing issues are involved in the matter.
• Re CTC: Provided Hong Kong legal opinion for matters in relation to the client’s will. Succession of client’s property situated in both Hong Kong and Mainland China is involved and therefore co-operation with Mainland China legal practitioners is also conducted for the client’s best interest.

Tax and Anti-Money Laundering Investigations

• Re JL: Provided Hong Kong legal opinion for a Mainland China client regarding cross border tax issues. The matter involves tax law enforcement by Canadian tax authorities and the Hong Kong cross-border tax law enforcement regime as well as the anti-money laundering legal regime in Hong Kong.
• Re HZHY: Provided Hong Kong legal opinion for a Mainland China corporate client which was involved in anti-money laundering investigations by Hong Kong law enforcement departments. The case concerns Mainland China client’s nominal shareholding arrangements in the course of its business for cross-border sale and purchase of goods and oversea investments.

Personal Injuries

• Re CI: Provided Hong Kong legal opinion for a matter involving a personal injury claim in High Court proceedings regarding occupier’s liability and the special duty of care of professional firemen.

Injunction

• Re CK (a firm):Acted for a Hong Kong solicitor firm in defending an interlocutory injunction application involving conflict of interest of legal professionals in Hong Kong High Court legal proceedings.

International Arbitration

• Involved in an international arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a foreign investment project in Mainland China and PRC law applies for the main dispute.
• Involved in an international arbitration administered by the Singapore International Arbitration Centre (SIAC). The dispute concerns certain fuel oil sale and purchase agreements between a Mainland China corporate client and an off-shore oil dealer. Singapore law applies for the main dispute and the proceedings are administered under the applicable UNCITRAL Rules.
• Involved in an international arbitration administered by the International Chamber of Commerce (ICC) under the 2017 ICC Arbitration Rules. The dispute concerns a foreign investment project in Mainland China and Hong Kong law applies for the main dispute.
• Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns the sale and purchase of certain company shares in Hong Kong. Hong Kong law applies for the main dispute.
• Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a contract for sale and purchase of goods. Hong Kong law applies for the main dispute.
• Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a convertible bond issued by a Mainland China corporate client. Hong Kong law applies for the main dispute.
• Involved in an international arbitration administered by HKIAC under the HKIAC 2018 Administered Arbitration Rules. The dispute concerns a project agreement signed in Hong Kong. Hong Kong law applies for the main dispute.

PUBLICATIONS

• Hong Kong Court rejects the enforcement of a Mainland Arbitral Award and found abuse of arbitral proceedings due to elements of fraud
• Hong Kong Court reiterates its long-standing policy of pro-arbitration in a recent judgment for enforcement of a Mainland Arbitral Award
• Hong Kong Court rules in a recent case that whether a pre-arbitration procedural requirement is fulfilled is a question of admissibility rather than jurisdiction
• Hong Kong Court rules a Mainland Arbitral Award manifestly invalid for contrary to public policy
• Hong Kong Court supports the enforcement of two Mainland Arbitral Awards and states that ground of public policy is not to be widely construed
• Hong Kong Court supports the enforcement of a Mainland Arbitral Award and reiterates the doctrine of severability of an arbitral award
• The general procedural issues for recognition and enforcement of a Mainland Arbitral Award in Hong Kong
• The general legal requirements for recognition and enforcement of a Mainland Arbitral Award in Hong Kong
• Injunctions in Hong Kong and its unique role in arbitral proceedings in Mainland China
• Injunctions in Hong Kong Court: Proprietary Injunctions
• Injunctions in Hong Kong Court: Mareva Injunctions
• Injunctions in Hong Kong Court: General legal principles and its application
• Jurisdiction of Hong Kong Court: Jurisdictional challenge, forum non conveniens and its application
• Jurisdiction of Hong Kong Court: submission to jurisdiction and relevant legal principles
• Jurisdiction of Hong Kong Court: Service out of jurisdiction
• Jurisdiction of Hong Kong Court: Service within jurisdiction
• Jurisdiction of Hong Kong Court: General Legal Principles

Career

Call: 2019

Languages

English, Cantonese and Mandarin

Education

• PCLL, The University of Hong Kong
• Juris Doctor, The University of Hong Kong
• Juris Master, Peking University
• Bachelor of Economics, Sun Yat-sen University