Jenkin Suen, SC > Des Voeux Chambers > Hong Kong, Hong Kong > Lawyer Profile

Jenkin Suen, SC

+852 2526 3071 jenkinsuen@dvc.com.hk View profile View profile

Career

Jenkin Suen SC specialises in company/commercial law, regulatory practice, administrative & public law, and land/planning law. He is adept in both trial and appellate advocacy, and appears as leading counsel in major commercial and public law cases.

Jenkin regularly acts for listed companies, banks, funds, insurance companies and transnational conglomerates in commercial, contractual and trust disputes, with active appearances in court trials, appeals, interlocutory applications and arbitrations. He has been involved in major cases such as the Henry Fok estate, Shanshui Cement and Convoy litigations. He is particularly known for his expertise in shareholder disputes, land/trust disputes, and complex commercial trials.

Jenkin also advises and represents professional and public bodies in both regulatory and commercial matters on a frequent basis. Among others, he acts for the SFC, the Competition Commission, the Official Receiver, liquidators, the Insurance Authority, the Hospital Authority, the Medical Council, the Mandatory Provident Fund Schemes Authority and the Privacy Commissioner. In addition, Jenkin appears as leading counsel in many high profile cases for the Government and public bodies, particularly in judicial reviews and appeals to the Court of Appeal and the Court of Final Appeal.

Jenkin is the co-author / contributing author of practitioner texts including Shareholders’ Rights and Remedies in Hong Kong, Company Law in Hong Kong – Practice and Procedure, and Hong Kong Civil Procedure. Jenkin sits regularly as Deputy High Court Judge. He also chairs the Copyright Tribunal and sits in other statutory tribunals and committees.

Year of call

• 2004 (Hong Kong)
• 2019 (Inner Bar)

Selected Cases

Regulatory and Competition Law

• Competition Commission v Multisoft Limited CTEA 1/2023. Originating Notice of Application on anti-competitive conduct in quotations submitted for the Distance Business Programme funded by the Government.
• SFC v Sound Global [2022] HKCA 1574. Trial of petition under section 214 of the Securities and Futures Ordinance.
• Lai Voon Wai v. SFC SFAT 2/2020. Review application before the Securities and Futures Appeals Tribunal.
• Cai Hongping v. SFC SFAT 3/2020. Review application before the Securities and Futures Appeals Tribunal.
• Re Combest Holdings Limited HCCW 118/2020. Petition under Sections 212 and 214 of the SFO and application for appointment of provisional liquidators.
• Re Magic International Holdings Limited Proceedings before the Market Misconduct Tribunal.
• SFC v. Shandong Molong Petroleum Machinery Company Limited [2021] HKCFI 497 and [2020] HKCFI 637. Proceedings under Section 214 of the SFO.
• FT Securities Limited v. SFC SFAT 6/2018. Proceedings before the Securities and Futures Appeals Tribunal.

Public Law

• Tam Sze Leung v. Commissioner of Police [2023] HKCA 537. Appeal on judicial review against the ‘no consent regime’ under the Organized and Serious Crimes Ordinance (Cap. 455).
• Re Mr Timothy Wynn Owen KC [2022] 5 HKLRD 726. Appeal on ad hoc admission for criminal trial under the National Security Law.
• Lai Chee-Ying v. Commissioner of Police [2022] 5 HKLRD 205 and [2022] 4 HKLRD 582. Judicial review and appeal on validity of search warrant under the National Security Law.
• Lai Chee-Ying v. Commissioner of Police [2022] 5 HKLRD 617. Determination on LPP claims and JM (journalistic materials) claims under a search warrant.
• Wong Wai Keung v. Commissioner of Police [2022] HKCFI 374. Determination on LPP claims and JM (journalistic materials) claims under a search warrant.
• Tong Ying Kit v. SJ [2021] 3 HKLRD 350 and [2021] 2 HKLRD 1036. Judicial review and appeal on certificate issued by SJ under the National Security Law on jury trial.
• Next Digital Ltd v. Commissioner of Police [2021] HKCFI 1677. Application for amendment and injunction in proceedings on search warrant.
• Tong Ying Kit v. HKSAR [2020] 5 HKLRD 395 and [2020] 4 HKLRD 382. Habeas corpus application on the National Security Law.
• Loh Ming Yin v. Hong Kong Examinations and Assessment Authority [2020] HKCFI 1135. Judicial review on invalidation of public examination question.
• Kwok Wing Hang v. Chief Executive in Council; Leung Kwok Hung v. SJ (2021) 24 HKCFAR 93, (2020) 23 HKCFAR 518, [2020] 2 HKLRD 771, [2020] 1 HKLRD 80, [2020] 1 HKLRD 1. Judicial Reviews concerning the Emergency Regulations Ordinance and the Prohibition on Face Covering Regulations.
• The Hong Kong Journalists Association v. The Commissioner of Police [2021] 1 HKLRD 427. Judicial Review on Police’s duty towards journalists.
• So Tsun Fung v. The Commissioner of Police HCAL 3376/2019. Injunction application in judicial review.
• Tsang Kin Shing v. SJ, HCAL 687/2019 and HCAL 2882/2018. Judicial reviews on prosecutorial decisions.
• SJ v. Leung Kwok Hung CACV 200&201/2017, [2017] 4 HKLRD 115. Judicial Reviews concerning the 2016 Legislative Council election.
• Lok Man Fai Felix v. Architects Registration Board [2019] 2 HKLRD 745. Appeal on disciplinary decision.
• Dr U v. The Preliminary Investigation Committee of the Medical Council of Hong Kong FAMV 11/2018, CACV 151/2016, [2016] 4 HKLRD 31. Judicial review and appeals on statutory construction.
• Great Mighty Ltd v. Director of Lands HCAL 125 & 126/2014. Judicial Review on ex gratia payment.
• Wong Tai Hoi v. Au Nok Hin [2018] 2 HKLRD 789. Election Petition.
• Chan Ho Tin v. Lo Ying Ki Alan [2018] 2 HKLRD 7. Election Petition.
• Yau Wai Ching v. CE; CE & SJ v. President of the Legislative Council (2017) 20 HKCFAR 390, [2017] 1 HKLRD 460 (CA), [2016] 6 HKC 417 (CFI). Judicial Reviews concerning the 2016 Legislative Council election.
• Commissioner of Registration v. Registration of Persons Tribunal [2018] 4 HKLRD 810. Judicial Review against decision of Registration of Persons Tribunal.

Bankruptcy/Winding-up, Company and Commercial

• Chinachem Financial Services Ltd v. Century Venture Holdings Ltd [2023] HKCFI 457. Trial on contract, illegality and unjust enrichment.
• Esports Business Development Ltd v. Wong Chun Yee Christopher [2022] HKCFI 2627. Video-link application prior to trial on joint venture agreement.
• Re Golden Oasis Health Ltd [2022] HKCA 237 and [2020] HKCFI 364. Substantive hearing and appeal on winding-up petition.
• Gentle Soar Ltd v. CMBC Capital Finance Ltd [2021] HKCFI 3450 and [2021] HKCFI 2775. Injunction application on sale, transfer and dealing of shares in a listed company.
• Shenzhen Hina New Economy Equity Investment Fund Partnership (Limited Partnership) v. Unipax Properties, LLC [2021] HKCFI 2912. Proprietary injunction application in aid of CIETAC arbitration.
• Lai Chee-Ying v Secretary for Security [2021] 4 HKLRD 695. Statutory construction of a notice under the National Security Law concerning the exercise of voting rights of a listed company.
• China Shanshui Cement Group Ltd v. Tianrui (International) Holding Co Ltd [2021] HKCFI 2745 and [2020] HKCFI 3043. Application for stay of proceedings.
• Chan Chun Chuen v. Kao, Lee & Yip [2021] HKCFI 716. Appeal against master’s decision on amendment of pleadings.
• Yuanta Securities (Hong Kong) Co Ltd v Ng Yin Lam [2021] HKCFI 435. Summary judgment application of contractual claim.
• Leader Screws Manufacturing Co Ltd v Huang Shunkui [2021] HKCFI 141. Default judgment application.
• Eminent Investments (Asia Pacific) Ltd v. DIO Corporation FACV 3/2020, FAMV 330/2019, CACV 207/2016, HCA 1292/2011, [2017] 4 HKLRD 52. Appeal and Trial on contractual interpretation, misrepresentation and breach.
• New Castle Investments Ltd v Foo Wai Lok [2020] HKCA 931. Appeal on bankruptcy orders.
• Wang Yanlong v. NPCC (Hong Kong) Ltd, HCMP 2190/2018. Application for rectification under section 42 of Companies Ordinance.
• Re Golden Oasis Health Limited HCCW 236/2018. Stay Application of Winding-up Petition.
• Kwok Hiu Kwan v. Johnny Chen HCMP 41/2018. Trial concerning an EGM of Convoy Global Holdings Limited.
• Au Yeung, Cheng, Ho & Tin (a firm) v. Au Yeung Chi Sang [2020] HKCFI 224. Appeal against master’s decision on relief against sanction of unless order.
• Re Swiss Reinsurance Co Ltd HCMP 898/2019. Scheme of Arrangement under the Insurance Ordinance.
• Xu Lu Chun v. Wu Chang Jiang CAMP 160/2019 / HCMP 3166/2014. Interim Payment Application on Unfair Prejudice Petition.
• Fabiano Hotels Ltd v. Profitmax Holdings Inc HCA 3428/2018 / HCMP 2825/2016. Mareva Injunction and Summary Judgment Applications.
• Integrity Financial Advice Network Co Ltd v. Lau Kong Kei / Chu Yau Shun HCA 2165/2011 / HCA 623/2012. Trials on misrepresentation and claw-back in agency contract.
• Fok Chun Yue Benjamin v. Yau Wing Co Ltd HCMP 3250/2015. Leave application for statutory derivative action.
• Hansen International Ltd v. High Fashion Apparel Ltd HCA 1724/2014. Interim injunction against removal of CEO.
• Sanctuary Systems Ltd v. Orient International Holdings Hong Kong Co Ltd & Anor HCA 479/2010. Trial on Quistclose trust.

Land/Planning/Trust

• Deluxe Ascent Limited v. Director of Lands [2023] HKCA 305 and [2021] 2 HKLRD 431. Judicial Review and appeal on ex gratia compensation of resumption of land.
• Dairy Farm Company, Limited v. SJ on behalf of Director of Land [2022] HKCA 1902 and HCMP 2423/2017. Trial and appeal on right of way and construction of Government lease.
• Abraham Yeung v. Sun King Kai [2022] HKCFI 2627. Trial on charitable trust and adverse possession.
• Agrade Holdings Ltd v. Town Planning Board [2021] HKCFI 3559. Judicial review against town planning board’s rejection of rezoning application.
• Tse’s Brothers Co Ltd v. Kinghall Development Ltd & Anor [2021] HKCA 874 and [2018] HKCFI 1197. Trial and appeal on land and trust law.
• Nam Sang Wai Development Company Limited v. TPB TPA 3/2014 & TPA 1/2017. Planning Appeals before the Town Planning Appeal Board.
• Royal Billion Investment Limted v. TPB HCAL 1916/2018. Judicial Review of TPB’s decision.
• Senso Investment Limited v. Director of Lands LDMR 1/2012. Compensation claim under the Foreshore and Sea-bed (Reclamations) Ordinance.
• Kong Hong Kui Thomas v. Wu Yuk Chun Judy CACV 190/2019. Appeal on representation and estoppel in dispute on landed property.
• Lam Ar Fu Peter v. Building Authority HCAL 2259/2018. Judicial review against decision of Appeal Tribunal (Buildings).
• Designing Hong Kong Ltd v. Town Planning Board (2018) 21 HKCFAR 237, [2017] 3 HKLRD 560, [2017] 2 HKLRD 60; [2018] 5 HKLRD 828. Appeals on protective costs order (PCO) and joinder application.
• I Villas Ltd v. SJ HCA 1883/2014. Trial on construction of lease covenants.
• Cheermark Investment Ltd v. The Director of Lands [2018] 1 HKLRD 79. Appeal on statutory compensation for resumption of land.

Memberships

• Chairman, Copyright Tribunal
• Member, Air Transport Licensing Authority
• Member, Higher Rights Assessment Board
• Member, Committee on Land, Trust and Probate (HKBA), since 2018
• Chairman, Appeal Tribunal Panel (Buildings), 2015-2018
• Council Member, The Bar Council, 2007-2009

Education

• LLB (HKU) , First Class Honours
• PCLL (HKU)
• BCL (Oxon)
• MALCS (HKU), Distinction
• 2019 (Hong Kong Inner Bar)