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Hong Kong

Arbitrators

Roger Phang

Roger Phang

Rede Chambers, Hong Kong

Position

Roger practices in commercial law and international arbitration.  His commercial practice spans across banking and finance, corporate insolvency, securities, civil fraud, bankruptcy and general commercial litigation.  He is frequently instructed on urgent interlocutory applications for injunctive relief.  He also practices in land, trusts and contentious probate matters. 

Roger is a Fellow of the Chartered Institute of Arbitrators and is experienced in international arbitration.  He is frequently instructed in high-stakes litigation and arbitrations, and often appears unled 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 is recognised as a Leading Junior in Commercial Disputes by Chambers and Partners and the Legal 500.  Chambers and Partners describes him as “a fast-rising junior who wins plaudits for his counsel on banking and finance and restructuring and insolvency disputes” and who “also advises on civil fraud and securities-related issues”.

RECENT HIGHLIGHTS

  • Sure Fast Enterprises Ltd v China Environmental Technology Holdings Ltd [2026] HKCFI 1893: Acting for the defendant to resist the enforcement of a subscription agreement of convertible bonds on the basis that that its performance necessarily involves conduct which is illegal under PRC law on foreign exchange administration (with John Yan SC).

  • Xu Ying v China Gas Holdings Limited and Ors [2026] HKCFI 1436: Acting for the 3rd to 8th defendants on their summons for expert directions. The Court rejected the plaintiff’s application to adopt dates of assessment which depart from the normal measure of damages, which are assessed on the date of breach, on the basis that the loss which the plaintiff alleges to have suffered was in the nature of special damages which was not pleaded (with Victor Dawes SC).

  • 北京誠義豪泰投資管理有限公司 v. Zhang Yuping (also known as Cheung Yu Ping) and Fung Ka Kiu Ann [2026] HKCFI 925: Acting for the plaintiff in obtaining an interim-interim Chabra injunction against the ex-wife of the 1st defendant to whom valuable listed company shares were transferred purportedly pursuant to a consent order made by the Family Court (with Kelvin Tse).

  • Delco Participation BV v Fang Ankong and Ors [2026] HKCFI 202: Acting for the 4th defendant to resist a post-judgment Mareva injunction in terms departing from the standard form in PD 11.2. The Court considered the principles discussed in JSC BTA Bank v Solodchenko [2011] 1 WLR 888 as to when a freezing injunction could be extended to cover assets held by the defendant on trust or as nominee for a third party.

  • Anthony Francis Li and Clarence A Li, Managers of Li To Wan Tso v Kwok Wui Knitters Ltd [2025] 5 HKLRD 759, [2025] HKCFI 4433: Acting for the defendant to uphold a provisional agreement for the sale and purchase of New Territories land owned by a Tso. The Court affirmed that consent of the District Office pursuant to s.15 of the New Territories Ordinance is not a condition precedent to the validity of the provisional agreement, and held that the defendant was entitled to specific performance of a best endeavours clause requiring the manager’s successors to take all reasonable steps to complete the transaction (with Jeff Chan).

  • Acting in an HKIAC arbitration arising out of the alleged breach of a put option contained in a share purchase agreement causing alleged losses of over US$93 million.

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 SC and Victor Dawes SC). 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 claim arising out of alleged negligent misstatements and/or advice in respect of foreign exchange (FX) derivatives.

  • Advising an investor on a US$16 million financial mis-selling claim arising out of an offer of margin financing by a sales representative of a major bank in Hong Kong.

Corporate Insolvency

  • Re Rich Region Holdings Limited (HCCW 33/2024): Application for an ancillary winding up order of the company in Hong Kong under s.327 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance.

  • Secretary for Justice for an on behalf of the Registrar of Companies v China Capital Strategy Limited [2024] HKCFI 542: Application for a permanent stay of winding up proceedings and release of provisional liquidators under s.209(1) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance.

  • 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 SC)).

  • 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.

Securities 

  • Securities and Futures Commission v Ho Siu Man [2025] HKCFI 2831: Acting for the Commission in a petition for disqualification orders under s.214 of the Securities and Futures Ordinance arising out of inter alia the respondent’s breach of fiduciary duties in failing to cause First Credit Finance Group Limited to disclose the 6th respondent’s de facto directorship in the company, disposed of by way of the Carecraft procedure (with Norman Nip SC).

  • Securities and Futures Commission v Zheng Dunmu [2024] 2 HKLRD 688, [2024] HKCFI 928: Acting for the Commission in a petition for disqualification and compensation orders under s.214 of the Securities and Futures Ordinance. The Court confirmed that it has power to make a compensation order under s.214(2)(e) irrespective of whether the director received any financial benefits from a misappropriation of the company’s funds.

  • 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 SC).

  • 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 SC).

  • 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 SC).

  • 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 SC).

Civil Fraud

  • UBS AG v Lam Chung Yiu Charles and Anor [2024] HKCFI 3655: Acting for the plaintiff in a summary judgment application for return of stolen funds of over US$8 million by a former employee.

  • Tsai Lee Ting and Anor v Best Leader Precious Metals Ltd and Ors [2023] HKCFI 2124: Acting for the plaintiffs in a representative action for over 1,300 investors who invested into an alleged fraudulent or Ponzi scheme. The Court considered, in the context of an application to discharge a Mareva injunction against certain defendants in the amount of US$212 million, whether it is arguable that the representative action was properly brought notwithstanding allegations of conflicts between the investors and the need for individualised assessment of damages (with Norman Nip SC and Johnathan H.Y. Tsang). Leave to appeal granted in [2023] HKCFI 2871.

  • 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

  • Chan Pui Sze and Mak Hau Yin (The Joint and Several Trustees of the Property of the Bankrupt) v Wang Jue [2024] HKCFI 2491: Acting for the plaintiff for a declaration that the transfers of two US properties by the bankrupt to his wife were transactions at an undervalue under s.49 of the Bankruptcy Ordinance.

  • Re Lee Nim Wai[2024] HKCFI 1843: Acting for the creditor in seeking an immediate bankruptcy order on the basis that the debtor had not shown a reasonable prospect of being able to pay the judgment debt.

  • 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.

Injunction/Contempt

  • Li Yidong and Anor v Chen Ping and Ors [2025] HKCFI 5963: Acting for the intended intervener to stay the action in favour of arbitration and for the defendants in resisting the issuance of letters of requests to the proper judicial authority in Seychelles and the Cayman Islands for production of documents in relation to crypto accounts allegedly for tracing assets (with Kelvin Tse).

  • 北京誠義豪泰投資管理有限公司 v. Zhang Yuping (also known as Cheung Yu Ping) [2025] HKCFI 2280: Acting for the plaintiff to continue a worldwide Mareva injunction in aid of an arbitration to be commenced in Mainland China (with Benjamin Yu SC and Kelvin Tse). Interim stay of the Court’s order to discharge the ex parte injunction obtained pending leave to appeal, see [2025] HKCFI 3002.

  • Green Elite Limited (in liquidation) v Fang Ankong and Another [2024] HKCFI 1191: Acting for the defendants in a resisting an application for a Mareva injunction in aid of or ancillary to a foreign judgment (with William Wong SC).

  • Timing Capital (Tianjin) Investment Management L.P. and Another v Ji Changqun and Anor [2024] HKCFI 1003: Acting for the defendants in the discharge of a worldwide Mareva injunction for the plaintiffs’ breach of undertaking to commence proceedings in Mainland China as soon as practicable and material non-disclosure in respect of their litigation strategy (with Victor Dawes SC).

  • High Fashion New Media Corporation Limited v Leong Ma Mi [2022] HKCFI 2234: Acting for the defendant in an application for a committal order against the defendant for failing to comply with a court order (with Norman Nip SC).

  • 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.

  • 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).

Commercial Litigation

  • Delco Participation BV v HWH Holdings Limited [2025] HKCFI 4739: 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 SC and Norman Nip SC). The dispute has generated numerous interlocutory decisions in the CFI and CA since 2016.

  • Red Asset Management Ltd and Anor v Sancus Group and Anor [2025] HKCFI 432: Acting for the plaintiffs in a summary judgment application for restitution of US$24 million for total failure of consideration.

  • Green Elite Limited (in liquidation) v Fang Ankong and Another [2024] HKCFI 1349: Acting for the defendants in an application for an interim stay of the action for common law enforcement of a foreign judgment obtained in the BVI pending an appeal to the Privy Council (with William Wong SC).

  • The Joint and Several Liquidators of Green Elite Limited v Fang Ankong [2024] HKCFI 259: Acting for the interested party in opposing a Norwich Pharmacal / Banker’s books order against his accounts in Standard Chartered Bank to trace the whereabouts of certain sale proceeds of HK$150 million.

  • Long Sing Union Engineering Ltd v Ma Chi Kei and Another [2023] HKCFI 2833: Acting for the defendants in a statutory derivative action based on an alleged joint venture agreement to pursue new business and alleged usurpation of corporate opportunities (with Norman Nip SC).

  • Guangzhou Finance Company Limited v Chung Kin Holdings Company Limited and Others [2023] HKCFI 2398: Acting for the plaintiff in its claim for certain debts of some HK$700 million which were outstanding since at least 1998. The main dispute was whether the claim was time-barred. The Court considered the principles on establishing an acknowledgment or part payment and held that the claim against the debtor was not time-barred.

  • Alpha Financial Press Limited v AMTD Group Company Limited and Anor [2022] HKCFI 1084: Acting for the plaintiff in resisting an appeal from a Master’s decision granting summary judgment. The plaintiff’s claim was for an agreed sum for acting as the financial printer in an intended listing application which was rejected by the Hong Kong Stock Exchange.

  • 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 SC), and in opposing the borrower’s application for leave to adduce new evidence on appeal (see [2022] HKCA 1060).

  • 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 SC and Norman Nip (now Norman Nip SC)).

  • 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 SC and Norman Nip (now Norman Nip SC)). 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 SC). 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. 

  • 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 SC). 

  • 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 SC).

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 hoc arbitration 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 hoc arbitration 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

  • Ho Man Lap and Ors v The Personal Representative of the Estate of Chan Cheung and Ors [2025] HKDC 117: Acting for the plaintiffs for a declaration of legal and beneficial ownership of a plot of land based on a 1973 handwritten assignment and rectification of the land register.

  • Siao Mui Hua v Wu Ching Kuen [2024] HKCFI 232: Acting for the defendant in her capacity as administratrix in resisting a declaration that a property registered in the deceased’s name was held on a common intention constructive trust for the plaintiff.

  • Chong Pui Cheong v Chong Pui Kwong (the Administrator of the estate of Chang In, Deceased) [2022] HKCFI 3110: Acting for the plaintiff in resisting an application to set aside a default judgment and for an order requiring the defendant to execute documents to transfer a property acquired under the Home Ownership Schemes Secondary Market Scheme held by the Deceased on trust for the plaintiff (with José-Antonio Maurellet SC).

  • Advising a group of civil servants on their rights under a proposed redevelopment of buildings under the Civil Servants’ Co-operative Building Society Scheme.

  • 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).

  • Hong Kong Science and Technology Parks Corporation v Vantage Technology Limited LDPE 1205/2021: Acting for the applicant in proceedings for the recovery of possession of a factory (together with outstanding land premium and mesne profits) by reason of the tenant’s breach of a covenant in ceasing to use the premises for manufacturing purposes. Ex tempore judgment delivered on 27 May 2022.

  • 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 SC). The Court of Appeal considered 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.

  • 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 SC).

Career

Call: 2015

Languages

English, Cantonese, Chinese (Mandarin)

Memberships

APPOINTMENTS AND MEMBERSHIPS

  • Fellow, Chartered Institute of Arbitrators 

  • Council Member, Bar Council, Hong Kong Bar Association (since 2023)

  • Member, Committee on Financial and Securities Law, Hong Kong Bar Association (since 2019)

  • Part-time Judicial Associate, Court of Appeal (Sept 2021 – Sept 2024)

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 1st Place Best Memorials (2010)

  • Kunkle and Pommerenke Grand Scholarship (2010)

  • Chung Chi College Class Scholarship (Honorary) (2010)

  • Baker & McKenzie Scholarship (2009)

Mentions

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