John Scott, KC, SC, JP > Des Voeux Chambers > Hong Kong, Hong Kong > Lawyer Profile
Des Voeux Chambers Offices
38/F Gloucester Tower
The Landmark
Central, Hong Kong
Hong Kong
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John Scott, KC, SC, JP
Career
John Scott, KC, SC, JP is a Master of the Bench of the Middle Temple and an accomplished trial advocate with over 30 years of experience in many areas of commercial litigation. He has a long-standing track record in complex company, commercial, construction and arbitration cases. Mr. Scott is active as both a litigator and an international arbitrator. He also has an extensive family law practice. Mr. Scott was named Asia Pacific Leading Silk by Legal 500. According to Chambers & Partners, Mr. Scott has earned a reputation for being a “smooth yet forceful advocate who knows how to cut to the chase”.
Arbitration
John Scott SC, KC, JP frequently appears as Counsel and sits as an arbitrator in Hong Kong, Singapore and elsewhere in the region. He has been appointed as arbitrator in substantial construction and infrastructure projects, and has sat as an ICC, SIAC and HKIAC-appointed arbitrator in numerous disputes over the last 20 years.
Commercial Litigation
In the context of commercial litigation, Mr. Scott acted on behalf of the successful appellant in a widely reported Court of Final Appeal decision clarifying the correct test in an application for ancillary relief in aid of foreign proceedings (Compania Sud Americana de Vapores S.A. v Hin- Pro International Logistics Limited (2016) 19 HKCFAR 586).
In Bel Global Resources Holdings Ltd. v Elite Dragon Limited [2017] HKCFI 718 and HKCFI 1247 Mr. Scott acted for a Hong Kong-listed company and obtained a substantial judgment for the Plaintiff against that company’s former managing director.
Company Law
Mr. Scott has an extensive contentious and non-contentious company law practice having acted in various prominent cases, including the contested privatization of PCCW, schemes of arrangement and reductions of capital, having appeared in the high-profile restructuring of the Hutchison, Cheung Kong and Hopewell groups of companies by way of Schemes of Arrangement.
Mr. Scott was the senior counsel in the recent milestone case of Re Allied Properties [2020] 5 HKLRD 766, where the Court of Appeal sanctioned a privatization scheme of the arrangement, making this a pioneering and welcome addition to HK’s company law landscape.
His contentious banking expertise also entails involvement in landmark cases, including acting for the successful bank in Natamon v Citibank N.A. concerning KYC and AML issues.
Matrimonial and Family Law
In matrimonial matters, Mr. Scott has acted in substantial MPS and ancillary relief hearings dealing with the valuation of shares in listed and private companies and the valuation of trust property. He recently acted on behalf of the Respondent in a milestone family law case concerned with the Jurisdiction of the Hong Kong Courts: TO also known as TT and KO FCMC 12767/2018 [2020] HKFC 149.
Security Regulatory & Disciplinary Matters
Mr. Scott frequently appears in securities regulatory and disciplinary hearings, including in Re Mayer, a case concerned with the disqualification of listed company directors. More recently, Mr. Scott appeared for the SFC in Re Magic, a Market Misconduct case concerned with corporate disclosure requirements during a Takeover.
Public Services
John Scott SC, KC, JP is a Justice of the Peace and the Chairman of the Hong Kong Bar Association Committee on Company Law. He also chairs the ICC’s subcommittee on Commercial Law and Practice.
Publications
Among his many publications, John Scott SC, KC, JP co-authored Halsbury’s Laws Vol 25 on Arbitration (Cap. 609), and the 2020 Re-issue of Halsbury’s Laws of Hong Kong on Arbitration Vol. 2.
In 2021, Mr. Scott authored an article “Electronic Signatures and Related Issues” with DVC’s Jonathan Lee. This article appeared in The Hong Kong Lawyer’s e-newsletter dated 14 May 2021.
Year of call
- 1982 (England & Wales)
- 1986 (Hong Kong)
- 1996 (Hong Kong Inner Bar)
Selected Cases
- Securities And Futures Commission v. Cheung Keng Ching & Ors [2011] 4 HKC 453. Company law – Directors – Disqualification of Directors
- Re Wheelock Properties Ltd [2010] 4 HKLRD 587. Company law – Scheme of arrangement – Privatisation of public listed company
- Tadjudin Sunny v. Bank of America NA [2009] 4 HKLRD 662. Employment Contract – Implied term
- Peconic Industrial Development Ltd v. Lau Kwok Fai & Ors (2009) 12 HKCFAR 139. Limitation of Actions – Fraud – Whether non-fiduciary is a constructive trustee and can plead limitation defence
- Sanyuan Group Ltd v. Stock Exchange of Hong Kong Ltd [2009] 5 HKC 124. Stock Exchange – Company delisted because of insufficient level of operations/value of assets
- Securities And Futures Commission v. C & Ors [2009] 4 HKC 167. Stock Exchange – Insider dealing – Provisional remedies
- Re PCCW Ltd [2009] 3 HKC 292. Company law – Privatisation of listed company
- Kensland Realty Ltd (In Liq) v. Tai, Tang & Chong (A Firm) (2008) 11 HKCFAR 237; [2008] 3 HKC 90. Limitation of Actions – Tort
- McDonald and Golden Dynasty Enterprises Ltd [2008] 5 HKLRD 569. Receivership: Cross-boarder Insolvency – Authority of Receivers
- Re Almojil 61 HCAJ 9/2013 (20th June 2014). Shipping Law: Jurisdiction to bring in rem claim, beneficial ownership of vessel
- S v. L [2007] 5 HKC 217. Recusal – Comments of judge in matrimonial case.
- Stock Exchange of Hong Kong Ltd v. New World Development Co Ltd & Ors [2006] 2 HKLRD 518. Judicial review – Whether Disciplinary Committee of Stock Exchange ‘a court’ within meaning of art 35 of Basic Law.
- A Solicitor (23/05) v. Law Society Of Hong Kong [2006] 2 HKLRD 116; (2006) 9 HKCFAR 175. Solicitor ordered to disclose documents for inspection by Council of Law Society – Non-disclosure on grounds of LPP
- Bill Chao Keh Lung v. Don Xia (2004) 7 HKCFAR 260. Leave to appeal to Court of Final Appeal – appeal as of right under s.22(1)(a)
- Re Kansa General International Insurance Co. Ltd. (In Compulsory Liquidation) [1999] 3 HKLRD 94. Company law – Scheme of arrangement – Grounds on which court to sanction scheme
- Re CDCP International Ltd [1987] 2 HKC 324. Company law – Winding-up – Inability of company to pay debts – Mortgage debenture
Memberships
- Member of HKICPA Disciplinary Panel A
- Member of HKSAR Barristers Disciplinary Tribunal Panel
- Bencher of the Middle Temple
Education
- Downing College, Cambridge MA (Hons) Law
- LLM (Cantab)
Lawyer Rankings
Hong Kong Bar > Construction and property
(Leading Silks)Des Voeux Chambers is the preeminent set in Hong Kong’s construction and property arena ‘with both leading and junior counsel‘. Amongst the set’s juniors, Calvin Cheuk stands out for his expertise in handling construction-related disputes spanning across Hong Kong, Mainland China and beyond. Cheuk, led by John Scott SC, acted for the plaintiff in Johnson Controls Hong Kong Ltd v Wangle Engineering Lt, a dispute regarding whether there was a presumption that interim payment certificates are provisional and subject to a final review; this was the first case of its kind in the Hong Kong Court of Appeal. Kaiser Leung is another key member of the set with significant experience in complex construction disputes concerning heavyweight infrastructure projects and commercial and residential developments. Jonathan Chan is also a notable team member.