THOUGHT LEADERS
Interviews with the pinnacle of the profession
Mainland China and Hong Kong SAR 2022
Who’s Who Legal @whoswholegal whoswholegal.com Available now
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WWL Thought Leaders: Mainland China and Hong Kong SAR 2022, which brings together the insight, expertise and wisdom of some of Mainland China and Hong Kong SAR’s foremost lawyers and experts in a single book. Through thousands of votes and nominations in the course of our research, the market has identified that the practitioners in the following pages are among the very best in the world in their field, without exception.
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Who’s Who Legal has been researching legal markets since 1996 and now covers 35 practice areas and over 150 countries. Entry into our guides is, of itself, no easy feat, with fewer than half of those nominated obtaining a listing. The bar to be consid ered a thought leader for Mainland China and Hong Kong SAR is even higher: only those listed lawyers who obtained the highest number of nominations from peers, corporate counsel and other market sources in our most recent research cycle wereThroughconsidered.interviews with the practitioners themselves, WWL Thought Leaders: Mainland China and Hong Kong SAR aims to shine a light on what puts these practi tioners at the apogee of the global market. They are worthy of special mention owing not only to their expertise and experience advising on some of the world’s most significant and cutting-edge matters, but also their ability to innovate and inspire. Their experience and understanding of the legal world and their unique insights into the area will no doubt be illuminating and instructive to a wide spectrum of readers, whether clients, corporate counsel, established practitioners, those starting out in the law, or anyone with an interest in the practice of law at the very highest level.
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This edition of WWL Thought Leaders: Mainland China and Hong Kong SAR features Q&As with practitioners with hundreds of years of combined experience in the field between them. I would like to thank the participants who gave us their valuable time to answer our questions and make the book possible. It is rare to have so much expertise concentrated in one place and we hope you will agree that their responses make fascinating reading.
Contents
Conor Manders, Alex Bottomley
Construction | Expert Witnesses
Business Crime Defence 10 Jonathan Midgley 12 Felix Ng 16 Andrew Powner
THOUGHT LEADERS
Head of research & analytics, Who’s Who Legal August 2022
Tom Barnes
Junior production editor Nathaniel Balch
Construction 18 Ian Cocking
Corporate Tax 22 Willem Jan Hoogland
Zhong Lun Law Firm
2 Arbitration
Tel:caolijun@zhonglun.comwww.zhonglun.comBeijing+861059572288
BiographyCaoLijun
Lijun Cao is a co-head of Zhong Lun’s dispute resolution depart ment. He has extensive experience both as counsel and as arbitrator. Lijun is a panellist of CIETAC, HKIAC, SIAC, AIAC, ICDR, WIPO and CMAC. He is also a member of the SIAC Court of Arbitration and a member of the CRCICA Advisory Committee. He was a key member of the legal team that successfully defended the PRC government in an ICSID case (Ansung vs China).
What inspired you to pursue a legal career in arbitration?
With that experience, it is possible for me to understand the essence of complicated procedural issues, anticipate the concerns of arbitral institutions and tribunals, and come up with effective suggestions for our clients.
My previous work at CIETAC gave me unique perspectives on how to conduct arbitral proceedings properly. I had ample oppor tunities to witness the decision-making for various procedural issues and typical substantive law issues. Such experiences have nourished my career deeply in my current roles as arbitrator and counsel.
At first, CMCs were held by teleconfer ence, hearings proceeded remotely, and awards were issued from across the world. Then, over the past year, we have had many in-person arbitration hearings in Beijing.
How has the market devel oped since you first started practising?
To what extent has covid-19 had an impact on commercial arbitration? Are parties willing to be flexible in procedure and approach to get it over the line?
What green arbitration trends are currently prevalent in the market?
For example, CIETAC has incorporated a standard provision in its notice of arbitra tion, where upon mutual consent of both parties, all documents, notices, and written materials may be delivered electronically. To my knowledge, such e-correspondence is welcomed by most parties in practice.
Could the rise of virtual hear ings lead to a greater mixing of different legal systems?
Recent years have indeed seen more mixing of different legal systems but I do not think that is caused by the rise of virtual hearings per se. Increased usage of digital communications over the past decade have enabled parties and counsel to have online meetings, CMCs, etc., without trave ling across countries. This has facilitated both the rise of virtual hearings in light of the pandemic and the greater mixing of different legal systems. For instance, although CIETAC arbitration hearings typi cally follow the Chinese procedural tradi tions with a heavy focus on documentation, in a recent CIETAC virtual hearing we had with European opposing counsel during the midst of the pandemic, the hearing was conducted in four days with extensive witness examinations as may be expected in common law arbitrations.
What is the best piece of career advice you’ve ever received?
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WWL says: Lijun Cao comes highly recommended as “a well-regarded lawyer in China” who has “fantastic experience in commercial arbitration”.
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Once travel opens up further in China, we expect the business and commercial
The dispute resolution market always follows and reflects the trends of busi ness and transactions. For example, when I first started practice, there were not so many cross-border investments, and relevant disputes were few. After years of vigorous development of foreign investment in China, some foreign capital has been retreating from China, and joint venture disputes are decreasing. Instead of establishing joint ventures or WFOEs in China, foreign companies nowadays prefer to do cross-border business transactions with Chinese parties by other means, including through international sales of goods, distribution and licensing, and disputes concerning those aspects began to increase in the market.
The current green arbitration trends in the market mainly focus on promoting elec tronical correspondence and encouraging the use of videoconferencing facilities.
How did your previous deputy directorship at China Inter national Economic and Trade Arbitration Commission com plement your practice?
The best piece of career advice I have received is to maintain critical thinking in every aspect of practice, namely to remain sceptical and cautious when reviewing case materials, evaluating situations and offering legal advice. In practice, the matters that we handle typically involve complicated commercial transactions, which means long pre-contract negotiations and sophisti cated deal structures. In such transactions, when interpreting a specific contractual clause, we sometimes have to consider the underlying background, compare different versions to see how it has been amended and how it interplays with other clauses, in order to discover the parties’ true intentions at the time of conclusion of the contract, instead of relying solely on the literal meaning of the clause.
During my studies at the UIBE Law School, some of the professors were CIETAC arbi trators, and they would often talk about arbitration and the cases that they were handling. That was how I became inter ested in arbitration. Early on in my career, I pursued this interest through work at CIETAC. After spending 13 years at CIETAC, including as deputy director, I decided to move to private practice. It is now my 14th year at Zhong Lun. The international elements and the strategy involved in dayto-day work for our clients keeps me going.
arbitration work to grow further. Over the entire period, I have found that most parties are willing to accommodate the inconveniences and would try to work out alternative action plans with counterpar ties and arbitral tribunals.
What role do you see thirdparty funding playing in arbi tration moving forward?
One thing to note is that China allows lawyers to charge legal fees under contin gency models, where the client needs to pay an upfront fee first, and a success fee later subject to the outcome of the litigation/arbi tration. Under this model, it is the law firm that offers a kind of “funding” to the clients.
When the pandemic started, people were concerned that it would harm arbitration. However, life went on and cases went on despite travel restrictions. There was no reduction in commercial arbitration work.
My understanding is that third-party funding will evolve and play a more impor tant role in arbitration in the global market. Nevertheless, its development in China may take a longer time and require more effort. There may be cultural reasons behind it.
BiographyGrimmerSarah
Twenty Essex Tel:sgrimmer@twentyessex.comwww.twentyessex.comSingapore+6562257230 4 Arbitration
Sarah Grimmer is an arbitrator at Twenty Essex in Singapore. She served as secretary general of the HKIAC from 2016 to 2022. Prior to that, she was senior legal counsel at the Permanent Court of Arbitration in The Hague where she worked from 2006 to 2016. Sarah also worked in Paris at the ICC International Court of Arbitration and Shearman & Sterling, and spent three years in private practice in New Zealand. She is admitted to practice in New Zealand.
In what ways is arbitration becoming greener? Do clients also have a role to play in this transformation?
There is widespread demand generally to see less waste in arbitration, particularly in terms of time and cost, but also in terms of minimising activity that adversely impacts the environment. Arbitration is becoming “greener” in that participants now question more the need to, for example, print hard copies when electronic copies will do or fly to an in-person hearing when a virtual one will suffice. Clients have a role as much as any other participant in affecting change and to the extent going “greener” saves costs, it aligns with their interest. Much effort has gone into identifying techniques to make arbitration greener; for example, the Green Campaign has issued protocols that may be adopted in arbitration.
Do you see this changing?
secretariat, and 37 years of experience. Case numbers are growing: three of the last six years have been record years, and 2022 will set another record.
Do you envisage the emergence of any new arbitration seats in the Asia-Pacific region that will rival those currently most popular?
to have four things: (i) excellent arbitration legislation; (ii) an independent judiciary proficient in arbitration matters; (iii) a well-functioning arbitral institution that adopts international best practice; and (iv) international business. Without one of those elements, a jurisdiction’s ability to rival the most popular seats in APAC will be limited.
At the ICC, I gained experience in admin istering hundreds of international commercial cases. I was exposed to many procedural issues and the impor tance of good internal systems to ensure all cases are dealt with efficiently. At the PCA, I worked on fewer cases but in a much more substantive way. The PCA attracts some of the most significant inter-state, investor-state, and commercial disputes in the world (and in history). Each case is administered in a bespoke manner. There I learned the importance of designing proce dure for each specific case.
1. Do your best on every assignment given to you.
4. Get to know as many people as you can in arbitration and find ways as for them to experience your good work. But do not get so busy that you com promise the quality of your primary work (see note 1).
What has been your greatest achievement to date?
Hiring good people.
At the HKIAC I applied those insights to the approximately 300 new cases HKIAC administers each year.
What insights have you gained about institutional arbitration from your work at institutions?
To what extent has the HKIAC been impacted by political developments in Hong Kong?
HKIAC’s case administration is not impacted by political developments in Hong Kong. HKIAC administers cases as before, independently and according to the applicable procedural rules and law at the seat. HKIAC’s decision-making bodies are comprised of experienced practitioners, arbitrators, and/or in-house counsel from all over the world. It is an independent entity with an international and experienced
3. Volunteer to work on arbitrationrelated projects.
What advice would you give to someone starting out in arbitration?
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WWL says: Sarah Grimmer is “absolutely excellent” report peers, and “combines academic intelligence with great management and people skills”.
To be among the most popular arbitration seats in the Asia-Pacific region for inter national arbitration, a jurisdiction needs
At the time of submission, Sarah Grimmer was at Hong Kong International Arbitration Centre, but has since moved to Twenty Essex in Singapore.
2. Learn to write well.
BiographyMaArthur
DaHui Lawyers
Tel:arthur.ma@dahuilawyers.comwww.dahuilawyers.comBeijing/Shanghai+8618601247573 6 Arbitration
Arthur is a partner at DaHui Lawyers and spearheads the firm’s cross-border dispute reso lution/international arbitration practice. Benefiting from over 12 years of practice experience with a number of leading law firms in their Shanghai, London, Washington, DC, Hong Kong and Beijing offices, and his unique training with leading international arbitrator Neil Kaplan CBE, QC, Arthur is particularly apt in helping foreign investors in resolving their disputes with PRC entities either before domestic tribunals or inter national arbitrators.
From a practice standpoint, some of the noticeable green trends in constructionrelated arbitrations include increased electronic arbitration submissions and cutting back on hard copies in connection with hearing bundles. In terms of subject matter, any regulatory framework that ultimately applies additional scrutiny to parties operating in a highly regulated space will often lead to increased operating pressures and perhaps an increased likeli hood of encountering business disputes. In this sense, any increase of environmental regulatory enforcement could also result in an increase of arbitrations in business sectors that must directly contend with such enforcement trends.
Peers and clients say: “Arthur is an excellent lawyer for international arbitration”
As my mentor Neil Kaplan CBE, QC always says: “Life is too short”.
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International arbitration is by far the most international legal practice area that I’m aware of. It is perhaps its legal and cultural diversity that are especially attractive to me.
whoswholegal.com/thought-leaders
Efficiency, organisation and dedication to quality — the same exact values that clients expect from their legal counsel.
What do clients look for in an effective arbitrator in today’s environment?
Are you seeing any green trends in plan?aspromotingbecomesdisputesmorearbitrations?construction-relatedCanweexpectfossil-fuel-relatedtocomeasChinamorecommittedtogreendevelopment,laidoutinthe14thfive-year
What attracted you to a career in international arbitration?
How is the “Belt and Road” ini tiative changing the legal land scape and how can resulting disputes be better navigated?
What is the best piece of advice you’ve ever received?
How do you effectively handle a complex energy arbitration involving a civil law jurisdiction element, and how would you
The Belt and Road initiative is creating (as it should) more cross-border transactions between parties in different jurisdictions, which would normally favour international arbitration. This means there could be more work for Chinese and non-Chinese arbitration practitioners.
I’m not so sure about that. Virtual hearings have been used for decades, and I don’t see how they would inherently tend to mix legal systems and institutions. There may be a wider transmissibility of best prac tices among systems/institutions that are increasingly dealing with the same types of challenges, but in a sense that is always the case, whether or not hearings are held virtually or in person.
“He is one of the best”
Could the rise of virtual hear ings lead to a greater mixing of different legal systems and arbitration institutions?
advise younger practitioners in navigating them?
“He is a very well-prepared counsel with acute knowledge of common law”
The advantages would include a global exposure to legal talents and the oppor tunity to make friends from all over the world. To be honest, I don’t really see many disadvantages. Even the challenges of working across multiple jurisdictions are part of what makes international arbi tration so exciting.
What are the advantages and disadvantages of having a glob al practice?
We always have an internal running work schedule to manage our tasks throughout arbitration proceedings, big or small, whether civil law or common law governs. Younger practitioners should follow the instructions of their partners and seniors, but also need to try to think indepen dently on how to best resolve the problems assigned to them.
BiographyAllenMike
Mike is a chartered quantity surveyor who has over 35 years of experience in the industry and has worked internationally for many years, with the last 20 years being based full-time in Hong Kong. He has extensive experi ence in procurement and contract strategy, dispute resolution and providing strategic advice to clients on distressed or problem projects. He acts as quantum expert witness on a number of construction disputes, for both claimant and respondent, working with major firms of solicitors and barristers. He has given evidence in the High Court twice, and in domestic and international arbi trations 26 times and is a CEDR accredited mediator.
Also a Thought Leader in Construction | Expert Witnesses 8 Arbitration | Expert Witnesses
Secretariat Advisors LLC Hong Tel:mallen@secretariat-intl.comwww.secretariat-intl.comKong+85229792200
This in my view is one of the most humbling recognitions to receive by the profes sional body you are associated with. To have this bestowed upon you places not only a recognition that you have reached a certain level of experience and standing within your industry but also places a level of trust and faith in you to act as a role model and champion to the aspiring young professionals within that respective body. It also means and requires that you give back to the body, in a way that helps further enhance the body and at the same time mentors and develops the next generation of professionals.
How has the dynamic between arbitral tribunals and experts changed over the years?
“He is able to navigate through complex issues and boil them down to key points”
my own firm in relation to succession, and we have an active program of mentoring and developing our next wave of experts, such that we take the time to invest and develop our people, so that they may progress their own careers in the direc tion of their choice. If that is to become an expert, then that opportunity will be presented to them, and I am pleased to see each year within our firm that a key annual KPI is how many experts in the year have given evidence for the first time.
Peers and clients say: “Mike is very experienced in court appearances, as well as producing quality expert reports”
In more recent times as an expert I have found that there has been a gradual shift for tribunals and experts to work more actively together. This being in the context that experts are being required to demon strate and discharge their duties to assist the tribunal, which in my experience is a positive step both for the arbitration process and also in assisting the tribunals.
The pitfalls are case and fact sensitive, but at a general level it is not uncommon for experts to address limited instructions, or only one parties’ case. This can provide substantial limitations and assistance to the tribunal, which can compromise an expert’s evidence and the opinions placed before the tribunal. Ultimately whilst being of limited assistance to the tribunal, it does also mean there is limited value for the party instructing that expert.
How has being a fellow at vari ous professional bodies shaped your practice?
Arbitration being recognised as a final means of resolving your dispute does have
various well recognised benefits, but also has the ability to have a tribunal in place that has the required and appropriate level of technical industry expertise. In recent times arbitration has also proved to be very adaptable in the manner in which the time table and process has flexed around the challenges presented by covid-19 and the respective limitations.
What are some common pit falls when preparing an expert analysis?
What attracted you to relocate your career to Hong Kong?
To strive and stay focussed upon client needs, as well as to always be fully committed to continuous improvement in everything that you do, along with a willing ness to ask questions and listen.
Sources have remarked a succession issue is down the pipeline for the APAC region (i.e. a shortage of experts in the region can be expected). To what extent do you agree with this view?
This will be a product of opportunity and active market dynamics, albeit being able to work at different levels of the supply chain is a key ingredient in gathering and gaining experience. This is as much a requirement of the up-and-coming expert as it is the firm helping and assisting that expert with being able to obtain the oppor tunities at this level. This can require a positive strategy to attract this type of work, which I am pleased to say we also actively deploy at our firm.
I am not aware that the succession of experts is an issue more acute in APAC, than any other region. I can only speak for
What are the advantages of arbitration compared to other forms of dispute resolution in construction and engineering disputes?
How can up-and-coming experts engage themselves in projects at different levels of the supply chain?
What is the best piece of advice you can offer to others?
The firm, in which I was a partner at the time, invited me to take up a leadership position in the Hong Kong office, having region-wide responsibility. Having started from a position of limited understanding and following an orientation visit, I quickly became aware of the culturally diverse and vibrant market and economy that Hong Kong represented. The professional marketplace acts as a hub and centre of excellence for the regional markets, as well as having the Hong Kong International Arbitration Centre, which is a worldleading arbitral institution. In addition to this it also presented my family and I with a wonderful opportunity to gain and be exposed to a unique cultural experience, which has provided a range of life-changing perspectives and experiences.
“He is thorough and hardworking, with great attention to detail”
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BiographyMidgleyJonathan
Haldanes Solicitors and Notaries Hong Tel:midgley@haldanes.comwww.haldanes.comKong+85228681234 10 Business Crime Defence
Jonathan Midgley has practised as a criminal defence lawyer since his arrival in Hong Kong in 1978. He was one of the two solicitors appointed as “Solicitor Advocate” in 2013 to the criminal division. Jonathan’s practice, which covers all aspects of defending people, is Hong Kong based but interna tional in scope. He still enthusi astically enjoys defending clients in trouble.
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It does not.
What are some key processes you would undertake when it comes to dealing with cases under intense media attention?
Know the case before you have any interac tion. Have a clear vision of how (if at all) you wish to interact with the press. Be ready for questions which may require difficult answers, and may end up on television.
What do you enjoy most work ing as a criminal defence specialist?
To what extent are the ramifi cations of covid-19 still affect ing investigations?
The sense of feeling you can help a person in trouble.
Without being too self-serving (I hope!) very. As a solicitor-advocate I have impressed upon many young up-and-coming lawyers the need to gain court experience as an advocate.
What recent regulatory devel opments have had the most impact on your clients? How have you adapted your practice accordingly?
How important is it for crimi nal defence lawyers to have the advocate experience?
Specialise.
By making sure the clients (and often their family) have access to a good psychologist.
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In your opinion, should younger lawyers specialise or keep a broad practice when starting out in their career?
How is technology assisting in your ability to make strategic decisions?
WWL says: Jonathan Midgley is “an excellent criminal litigator” with significant experience of complex white-collar proceedings.
Either criminals have retired or covid-19 is interfering in detection and arrests.
The National Security Law (NSL) has had an impact on some clients, either real or perceived. We have a criminal defence practice that understands the legislation and can give immediate practical advice.
How do you seek to minimise the impact of criminal investi gations in the lives of clients?
Felix Ng
Biography
Haldanes & Tel:felix.ng@haldanes.comwww.haldanes.comKong+85222302887
Notaries Hong
Business Crime Defence12
Solicitors
Felix is a partner at the criminal defence department of Haldanes, and the head of the firm’s compe tition and antitrust practice. He specialises in complex whitecollar crimes, competition law and securities regulatory matters, particularly those relating to listed companies, international finan cial institutions and multinational corporations. He advises a broad spectrum of international clients on multi-jurisdictional investi gations and court proceedings given his professional proficiency in English, Mandarin, Cantonese and Spanish.
Multinational investigations are on the rise especially in the last decade, particularly due to the cross-border nature of criminal offences such as cyber-fraud and money laundering, and the extraterritorial reach of legislations in some major jurisdictions, for example, FCPA and FATCA in the US, and Bribery Act 2010 in the UK.
An increasing number of coun tries are increasingly active in investigating allegations of corporate misconduct. What are the main challenges for companies in your jurisdiction when they are facing multina tional investigations and why?
Often our clients facing global inves tigations would face the challenges in navigating the regulatory framework of numerous countries, with vast differences in substantive laws and procedures. This
would also translate into difficulties for clients in identifying the appropriate over seas law firms, and escalating legal fees on instructing different teams of lawyers. I am fortunate enough to have a global network of lawyer contacts, which allows me to be the “one-stop-shop” case manager for clients in multi-jurisdictional cases.
The new National Security Law (NSL) and the potential changes to the Personal Data (Privacy) Ordinance have definitely raised a lot of concerns amongst the international corporations on freedom of expression. We are getting a lot of advisory work from our global technology and social media companies, and interviews from interna tional press. However, the NSL is still at its infancy and we are waiting for the court judgments to roll out to provide further clarity on the controversial provisions.
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How does your global network of colleagues benefit your practice?
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White-collar crime is a fascinating and flourishing area of practice in Hong Kong and Asia. I particularly enjoy handling commercial fraud, market misconduct and corruption cases, which often involve complex evidential analysis and legal argu ments that excite me. At Haldanes, we are very blessed to have gathered a large team of very dedicated criminal lawyers without whom managing sizeable cases would not have been Recently,possible.myteam of six and I have managed to secure an acquittal for two doctors who faced charges of conspiracy to commit misconduct in public office (MIPO) after a highly publicised 86-day trial at the District Court. It was in fact one of the longest MIPO trials in Hong Kong’s history with 94 prosecution witnesses, voluminous prosecution materials, and complex legal arguments concerning the Independent Commission Against Corruption (ICAC)’s search warrants, admissibility of digital evidence and surveillance records, and elements of MIPO offences. It was a phenomenal victory.
Currently I specialise in criminal defence, regulatory and disciplinary matters, and competition law. The former two have been my main practice for years and I have really enjoyed those areas. Competition
You have a wide-ranging whitecollar crime practice – what types of cases do you enjoy working on most?
Our clients are more likely to face multi national investigations nowadays and therefore we as legal practitioners are required to have an international vision and to understand the rapid changes worldwide. As a firm, we encourage and actively distribute our resources for our practitioners to network with legal prac titioners both locally and internationally and understand the changing landscape in different jurisdictions.
How has increasing coordi nation among enforcement authorities globally impacted your practice?
I hold practising certificates in Hong Kong, England & Wales and Dubai International Financial Centre (DIFC) – they mean much more than “CV boosters” which make you look good. From time to time, I have been asked by my clients and friends to provide swift practical advice on matters relating to England & Wales and DIFC, and certify their documents for legal purposes.
On a global level, I am very active in the International Bar Association (IBA) and have been an officer for the Young Lawyers Committee, Criminal Law Committee and Business Crime Committee respectively for over a decade, and frequently partici pate in international conferences as a speaker, from Boston, Madrid and Seoul to Panama City.
At Haldanes, we have a great mix of people from different nationalities and all walks of life. This diversity provides a welcoming working environment and allows our lawyers to cater to the needs of a broad spectrum of clients.
How do you anticipate the changing landscape in Hong Kong to impact its legal market?
Business nowadays has become increasingly international and having the ability and knowledge to advise in numerous jurisdictions offers a better experience to my clients.
In which direction would you like to steer your practice in the next five years?
This makes me one of the most resourceful lawyers in the field, both “inbound” and “outbound”, since I have internal connections at my fingertips – to give you an example, I recently got a Iranian corporate client referred by a Singaporean law firm to handle a litigation matter, and recommended a few Turkish lawyer friends to Haldanes’ commercial partner for a case in Istanbul.
You are admitted to practise in three different jurisdictions globally. How does this enhance your practice?
WWL says: Felix Ng ranks highly among peers thanks to his leading expertise in market abuse and fraud cases.
law is a booming practice in the last few years, thanks to the vigorous enforcement actions by the Competition Commission in Hong Kong. On a national level, the main land Chinese regulatory authorities have recently tightened their anti-monopoly grip on the technology gurus with hefty penalties. Therefore I am looking forward
Business Crime Defence14
What has been your greatest achievement to date?
to expanding Haldanes’ competition and antitrust practice in the next five years.
My greatest achievement to date is to establish myself from a trainee solicitor all the way to an equity partner at Haldanes, while playing an instrumental role in growing the firm from about 30 people to over 130 and promoting the brand globally.
I am one of the very few among my fellow law schoolmates who have not switched law firms over the last 18 years of practice.
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Andrew specialises in whitecollar crime, and is experienced in dealing with the police, the Independent Commission against Corruption (ICAC), Commercial Crime Bureau (CCB), Customs & Excise Dept, Securities and Futures Commission (SFC) and regulatory bodies. More recently he has been giving seminars on the National Security Law. He is the managing partner of Haldanes, an award-winning legal practice with the largest team of dedicated Criminal Defence Lawyers in Hong Kong. Hong
Haldanes Solicitors & Notaries
BiographyPownerAndrew
Tel:powner@haldanes.comwww.haldanes.comKong+85228681234 16 Business Crime Defence
What developments in Hong Kong should foreign practition ers be following and why?
This often presents a challenge when trying to deal with press enquiries about highprofile cases. On the one hand, we wish to convey the point that our client will be
What has been your most inter esting case to date?
With such detailed preparation, even if the initial trial may result in a conviction, there are potential grounds for an appeal based upon the legal arguments and admissibility of evidence points raised during the trial.
How has the market changed since you first started practising?
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What are the main challenges for enforcement agencies in your jurisdiction and why?
What are the challenges from a reputational viewpoint when representing prominent indi viduals in high-profile criminal proceedings?
Like many businesses around the world, we initially adopted a work from home approach; followed by splitting teams to work alternate weeks; and now we are taking extra precautions in the office and encouraging staff to be vaccinated. We have also upgraded our IT capabilities to ensure greater IT security when working from home. The initial challenges included the inevitable reduction in work due to lack of international business, although we now look forward to a gradual recovery. One of the aspects that will no doubt continue is a client preference for videoconferencing.
Haldanes divide management respon sibility among all of the equity part ners, including management of our civil, criminal, matrimonial and corporate departments by the heads of each group. Although I coordinate the overall manage ment of the firm and partners meetings, individual partners take responsibility for matters such as accounts, trainee and intern recruitment, marketing, etc. We also have highly capable administrative staff in charge of the office management, accounts dept and marketing, who report to their supervising partners.
WWL says: Andrew Powner is a distinguished for his “vast experience advising on money laundering matters”.
What can younger practition ers be doing to make a name for themselves in the business crime defence market?
Over the years there have been many, although in the criminal litigation field we have to respect client’s privacy as well as legal privilege; not only before and during a case, but also afterwards, as many clients do not wish to be named in articles or otherwise reminded of their criminal trial. Nevertheless, and since it was widely reported in the public domain, certainly one of the most interesting was the case of Fetish Fashion, in which a local BDSM private gathering was raided by the police who suspected that illegal offences were occurring at the party, and even went so far as to engage undercover officers to attend the event. The clients were all acquitted with costs, as all of the participants had been acting perfectly legally.
Hong Kong laws provide a range of options for enforcement agencies, but like else where in the world, the main challenge is cybercrime. The speed and audacity of the cyber criminals often leaves the enforce ment agencies lagging behind in terms of international law enforcement options. For good reason, the Mutual Legal Assistance Treaties between countries allow for a number of checks and balances, but those same legalities are exploited by the cyber criminals to dissipate the proceeds of crime before criminal proceedings and asset tracing can begin on an international scale.
How have the challenges brought on by covid-19 impacted your practice?
As in most practices, the market has changed tremendously in the past 28 years. In criminal law, there have been major developments in money laundering, SFC regulation, the National Security Law, cybercrime and doxxing, to name just a few. Many of the changes are a matter of the law catching up with technology. As a member of the Law Reform Commission dealing with sexual offences, we have also issued a public submission and appeared before the Legislative Council (the governing body of Hong Kong) regarding proposed changes, which if accepted by the government will radically change the relevant legislation in the future. These include new offences such as up-skirt photography, voyeurism, and tackling the growing number of child -related internet offences and sexual grooming of children over the internet.
The National Security Law (NSL) is the dominant topic of conversation in Hong Kong at present. Although it does not specifically target businesses, those in the media and entertainment groups have understandably expressed concern. The government has insisted that the NSL is a targeted piece of legislation for those who pose a threat to national security. Most individuals and businesses are adopting a “wait and see” approach in view of recent developments. In particular, we await the first judgments specifying the scope of the NSL offences.
contesting the charges vigorously; while at the same time not revealing the defence case before trial. High-profile clients sometimes wish to disclose far more of the defence case in advance of trial in order to protect their reputation, but we advise against this approach so as not to encourage a trial by press. From Haldanes’ reputational view point, it is essential to undertake detailed preparation for each trial, with particular care taken with examination of unused materials as well as in obtaining the proof of evidence and defence witness statements.
Haldanes sponsors mooting competitions and actively encourages those interested in criminal litigation to apply to our firm as interns while still at university. For those who are already qualified, regular court appearance as a young advocate is always the best training ground to learn the ropes for the more complex interlocu tory applications which arise during the course of a criminal trial. Working closely with counsel, particularly senior counsel, will often lead to involvement in the more high-profile business crime defence cases where reputations can be earned.
What does your role as manag ing partner at Haldanes entail?
BiographyCockingIan
Cocking & Co Hong Tel:ian.cocking@cockingco.comwww.cockingco.comKong+85221230388 18 Construction
Ian is a partner of Cocking & Co, which was established in 2019 as an independent law firm special ising in construction. Founded with long-time colleagues, part ners Dennis Wong and Gilbert Kwok, the firm handles construc tion and infrastructure projects in Hong Kong and also represents Chinese contractors internation ally. Ian is recognised as one of the leading legal advisers to the industry, with over 30 years’ expe rience. He is an accredited medi ator and adjudicator.
Under the government’s Special Conditions
Subcontractors should do likewise down the subcontract chain. The contractors/ subcontractors should also seek legal advice to review their own subcontracts to ensure that they are in line with the SOP provisions, e.g. conditional payment provisions (pay-when-paid) are no longer enforceable.
of Contract, the subcontracting of a part of the works by the main contractor is limited to two tiers of subcontracting.
How would adjudication deci sions be enforced?
Contractors should prepare to incorporate the Mandatory Subcontract Conditions and the SOP Provisions into their subcontracts.
In your view, should adjudica tion cover payment disputes involving extension of time (EOT) for completion of works?
In drafting and negotiating future construc tion contracts, it is likely that fresh consid eration should be given as to whether to include the right of appeal in Schedule 2 of the Arbitration Ordinance.
Parties claiming payment will be compelled to fire off more notices and to cover every eventuality, effectively defeating the purpose of providing a real notice. This will further fuel the vicious circle that leads to disputes.Thedecision is a further indication of the trend towards applying a literal rather than purposive interpretation to contract terms.
What are the implications of the Occupational Safety and Occu pational Health Legislation (Miscellaneous Amendments) Bill 2022?
This will not be the only unintended consequence. The decision advocates strict adherence to notice provisions. Paying parties are likely to concoct ever more fero cious conditions precedent to entitlement. In a situation like Bauer’s where a subcon tractor has a “like rights” entitlement, this may backfire as the main contractor may not be able to recover the subcontractor’s share where the employer can show that the subcontractor’s notice is defective.
Under the SOP provisions, the direct payment mechanism enti tles a subcontractor of any tier to request Government (Employer) to make direct payment for any unpaid adjudicated amount (in lieu of seeking the Court’s assis tance). How do you anticipate it will work in practice?
WWL says: Ian Cocking receives a plethora of endorsements from peers, who herald him as “a leading construction practitioner in Hong Kong who brings a gravitas few can match”.
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Adjudication is a simple and expeditious method for resolving payment disputes. It is commonly associated with construc tion disputes and adopts a “pay now, argue later” approach aimed at improving the cash-flow situation among subcontractors, consultants and suppliers. An adjudication decision is binding pending referral of the matter to arbitration or court.
The Hong Kong Government published the bill in the Gazette on 13th May 2022. The bill is aimed at providing better protection of workers’ occupational safety and health, and proposes to increase the penalties and extend the time limit for prosecution for offences committed by proprietors of industrial undertakings, employers, or occupiers of premises.
What is the impact of the Maeda Corporation v Bauer Hong Kong Limited [2020] HKCA 830 deci sion in drafting and negotiating future construction contracts?
What is adjudication and what are its advantages?
What are security of payment (SOP) provisions and how are they being introduced in the Hong Kong construction industry?
The direct payment mechanism depends upon successful incorporation of the Mandatory Subcontract Conditions and the SOP provisions in all relevant subcontracts.
There has been some controversy as to whether the scope of adjudication should extend to EOT awards and time-related payment issues. Presently, the proposal is that an adjudicator shall have the power and jurisdiction to decide time-related costs forming part of the payment dispute. In deciding the amount of time-related costs, the adjudicator shall have the power and jurisdiction to decide a party’s EOT entitle ment. An adjudication decision on the timerelated costs is binding and enforceable on an interim basis, but a decision on EOT is not binding. However, the HKCA has expressed views that decisions on both time-related costs and EOT should be binding. In my view, it is preferrable and more convenient for the parties if adjudication covered both.
How can the construction industry players prepare them selves for the introduction of the SOP provisions?
SOP is a new initiative for Hong Kong, which aims to facilitate timely contractual payments. The Development Bureau of Hong Kong issued a Technical Circular (Works) No. 6/2021 on 5th October 2021 to incorpo rate mandatory SOP conditions into all new public works contracts and subcontracts.
Main contractors must check and advise the government with documentary proof on whether a subcontractor claimant has been satisfied with any payment made by the subcontract respondent or whether any subcontractor at higher tiers to the subcontract claimant has become bank rupt etc. This may increase the administra tive burden for main contractors.
Enforcement by a subcontractor of an adju dication decision will rest on direct payment by the employer. This depends upon an unbroken chain of contracts incorporating the SOP provisions. If direct payment is not made for any reason, a subcontractor will have to rely upon the pressure it can bring to bear on the defaulting party by exercising a contractual right to suspend/ slow down its works. The subcontractor will not be liable for any loss and damages suffered by others, and will be entitled to EOT and prolongation costs as a result of the suspension. However, the rest of the supply chain will be left to deal with the consequences.
It is unclear whether the increased penalties will have the intended deterrent effect and lead to fewer industrial accidents. Among the many implications, the pegging of the maximum fines to business turno vers would lead to higher operational costs and an increase in insurance premiums. If enacted, the legislation will significantly impact the operations of all contractors.
Secretariat Advisors LLC Hong Tel:mallen@secretariat-intl.comwww.secretariat-intl.comKong+85229792200
BiographyAllenMike
Also a Thought Leader in Arbitration | Expert Witnesses 20 Construction | Expert Witnesses
Mike is a chartered quantity surveyor who has over 35 years’ experience in the industry and has worked internationally for many years, with the last 20 years being based full-time in Hong Kong. He has extensive experi ence in procurement and contract strategy, dispute resolution and providing strategic advice to clients on distressed or problem projects. He acts as a quantum expert witness on a number of construction disputes, for both claimant and respondent, working with major firms of solicitors and barristers. He has given evidence in the High Court twice, and in domestic and international arbi trations 26 times and is a CEDR accredited mediator.
“He is fantastic at tackling contentious issues”
To endeavor to make sure that the key aspects of the contract are clearly set out, and make sure that both parties have a clear understanding of expectations and deliverables. More often it is how change is addressed within a contract and how clearly adjustments to the program and the contract price are calculated. Aside from what is good practice, then the application of good contract management procedures and the capturing of appropriate records at the time the events occur, would always likely assist in reducing the points of ambi guity, interpretation and likely dispute.
I am seeing more solar PV and wind farmrelated disputes as well as consequen tial PPA issues, and whilst it is too early to confidently predict such a trend, there
“Mike is a standout expert in the market”
is undoubtedly likely to be more disputes, if there is statistically a higher number of green-related projects being constructed.
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What impact will technological innovation have on the con struction industry over the next five to 10 years?
Are you seeing any green trends in construction-related arbi tration? Can we expect more fossil fuel-related disputes to come as China becomes more committed to promoting green development, as laid out in the 14th five-year plan?
All cases are complex and have their own unique features, however if multiple geog raphies, time zones and different cultures are evident this can add to the degree of complexity. I am pleased to say that with modern methods of communication and flexibility by all team members this does mean that the individual challenges that are presented are commonly overcome with some ease.
What are some measures par ties can take to proactively manage risks before things go awry and disputes originate?
I generally agree, albeit I do not consider that cross-examination is ever easy, irre spective of the format. It could be said that being in a more familiar environment, surrounded by everyday features, could be said to assist the person being cross exam ined. However, a note of caution, because in my experience if an expert allows them selves to be lured into a false environment, and perhaps slightly lowering alert and listening levels, this could cause issues for the expert. I understand that some studies have been undertaken and there is a general view that advocates prefer in person hearings, whereas there appears to be a growing number of experts who prefer virtual hearings.
Certain parts of this answer are in my opinion equally applicable to established experts as well as younger experts. That is to properly prepare, understand your report, be aware of the key points of difference between experts and why, and consider and reflect upon the various evidential scenarios. There is also a famili arity aspect and so for the first testifying expert experience, make sure that you encounter or have familiarity of as much of the hearing and environment, bundle structure etc ahead of taking the stand. This should provide a helpful backdrop and reduce the uncertainty, which is perhaps one of the biggest challenges to a firsttime expert. Actively seeking training and mentoring is also another key component to removing the amount of uncertainty.
I consider like with all industries, tech nology will continue to be embraced to better improve the design and construc tion process. This involves off-site fabrica tion and pre-assembly to name but a few examples. It is also pleasing to see tech nology being used to capture project data, including the likes of daily drone surveys and the like. This being in addition to the many other areas of development and opportunity to bring greater consistency, quality and efficiency.
Name one of your most complex cases during the pandemic.
Some practitioners have argued that tribunals should demand more of quantum experts in reaching a consen sus on the outcome value. To what extent do you share this view? How does this benefit clients?
I don’t necessarily think that this issue or question is specific to quantum experts but is a wider question/issue to all experts. An
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expert’s duty is to generally narrow issues and identify matters agreed and not agreed. This should be based upon the features of the evidence and on both parties’ case. To the extent that the quantum could be agreed on both parties’ case, there are occasions where differing methods are adopted on each parties’ case and there fore experts will have different values. If an expert falls short of this duty, then it should be expected and I have seen tribunals direct experts to further meet and explore areas of further agreement. Of course this must be predicated on the pretext that it is not for an expert to negotiate issues, but endeavor to seek an agreement, where one is capable of being reached.
Some practitioners note that cross-examination is better conducted in person. To what extent do you agree with this notion?
What advice would you give to younger construction experts preparing for their first testify ing role?
Peers and clients say: “Mike is very well experienced and excellent on the stand”
Haldanes Solicitors and Notaries Hong Tel:willem-jan.hoogland@haldanes.comwww.haldanes.comKong+85228040889 22 Corporate Tax
Willem BiographyHooglandJan
Willem Jan Hoogland has some 25 years’ practical experience in international and Hong Kong tax advisory as well as tax dispute handling. He studied fiscal law at the University of Groningen in the Netherlands. He also obtained LLM tax law degrees from the University of London in the United Kingdom and Queen’s University in Canada as well as an LLB degree and a Postgraduate Certificate in Laws from the University of Hong Kong. He is a qualified solicitor in Hong Kong.
Working in the Netherlands gave me wide knowledge and experience in providing tax advice to (inter)national companies on local and cross-border transactions. This has given me the confidence to provide interna tional tax services for clients from all over the world and from various jurisdictions including Hong Kong.
The pandemic has significantly impacted businesses and individuals, resulting in various corporate tax issues, both glob ally and locally, such as whether the tax residency of an entity has changed and whether a permanent establishment has arisen in a particular tax jurisdiction. This has been a result of travel and quaran tine restrictions, as well as the practice of working from home. Also due to the pandemic the number of e-commerce transactions and cryptocurrency transac tions have increased, resulting in taxation of the digital economy and transfer pricing becoming major concerns for the OECD and tax authorities.
Not really, as the Hong Kong tax authori ties have generally accepted the OECD Guidelines on how to deal with covid-19 tax cases. That said, due to the pandemic, the number of cryptocurrency transactions are on the rise, including tax fraud-related transactions, so Hong Kong tax authori ties now tend to scrutinise these more thoroughly.
WWL says: Willem Jan Hoogland possesses over 25 years’ experience assisting clients on complex tax planning issues, including shareholding structures and transfer pricing.
In which direction would you like to steer your practice over the next five years?
I have worked with Hong Kong law firm Haldanes as a consultant, particularly in the tax field.
Describe your career to date.
First, it is essential to have in-depth knowledge of and practical experience in providing multi-jurisdictional tax restruc turing advice for clients. Having an inter national education background and having
There have been several, but currently I find all issues related to the (inter)national taxation of crypto assets such as curren cies and NFTs intriguing, partly because a lot of taxation issues in respect of these assets are still very unclear, but also because this is a constantly developing area with many unforeseen applications.
How has the coronavirus pan demic affected the corporate tax space?
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How does your prior experience in the Netherlands enhance your practice?
Are you noticing a change in enforcement authorities’ stance in pursuing tax frauds now that businesses are starting to get back on their feet following the coronavirus pandemic?
How do you effectively prepare for multi-jurisdictional tax restructurings?
worked in various tax jurisdictions is an additional benefit. More importantly, my legal knowledge is constantly updated through research and study, as well as being part of committees and attending seminars/congresses in Hong Kong and overseas.
I would like to put more focus on assisting clients, both corporate and individual, in handling tax disputes with Hong Kong tax authorities, including dealing with tax enquiries, tax audits and investigations, tax objections and appeals and tax litigation in tax tribunal and courts.
What is the best piece of advice you’ve ever received?
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Name one of your most com plex cases to date.
I started my tax career in 2001 at the Dutch law firm NautaDutilh, which focused on international tax planning and trustrelated assignments, particularly in rela tion to corporate (re)structuring, merger and acquisition and property related trans actions. I moved to Hong Kong in 2006 and worked as an international tax specialist in an international consultancy firm. In 2009 and 2010 I set-up several tax and trust-related businesses serving clients worldwide.Since2018,
Make sure you file your own tax return on time! Most of us take very good care of the tax filings of our clients, but sometimes ‘forget’ our own returns.
BiographyTeoDavin
Davin Teo is a managing director with Alvarez & Marsal’s Disputes and Investigations practice in Hong Kong and leads the forensic technology team across Asia. He brings more than 22 years of forensic technology, electronic discovery and IT audit experience to numerous national and inter national corporations, govern ment bodies and regulators. Mr. Teo specialises in digital investi gations and electronic discovery matters. His primary areas of expertise are fraud and miscon duct investigations, electronic discovery, dispute matters and data recovery requests.
Alvarez & Marsal Hong
Tel:dteo@alvarezandmarsal.comwww.alvarezandmarsal.comKong+85231022614 24 Investigations | Digital Forensic Experts
“Hereliable”delivers high-quality work with a fast turnaround time”
What are the advantages and disadvantages of having a glob al practice?
There are numerous advantages of being part of a global disputes and investiga tions practice. Being with the firm over 13 years, I’ve been able to get to know and call some of the smartest people in our global team friends. Having the benefit of pooling together resources at the drop of a hat, asking for advice on areas my team or I may not know locally or just discussing strategies in the various jurisdictions around the world has and continues to be superTherebeneficial.arenodisadvantages to a global
From my experience conducting a number of digital forensic investigations in the new “work from home” era, there have been several challenges. Firstly, staff using their personal devices for business and staff saving company data on these personal devices. Secondly, work computers or personal computers that are being used for work that are not up to date with antivirus software and are vulnerable to cyberattacks could compromise company data. Thirdly, in conducting a digital forensic investigation, we have had to modify our forensic collection capabilities to forensi cally copy data, at times, remotely but still maintain chain of custody and ensure that data is sound for evidentiary purposes for the matter.
as digital forensic experts is to proactively educate and proactively ensure that our client’s systems are constantly updated and robust enough to face these attackers. Additionally, data sizes continue to expo nentially grow and grow. My role should a client face a dispute is to ensure that the discovery exercise is proportional to the matter at hand and that I use all forensic tools and experience at my disposal to minimise costs for our clients whilst ensuring an efficient discovery/disclosure process.
My forensic technology team across Asia is one of the largest in the region. I’m proud to see the growth of the practice over the past nine-plus years in Asia and the trust our clients have had in me and my team.
whoswholegal.com/thought-leaders
How has the role of a digital forensic expert changed since you first started practising?
I graduated as an accountant but always had an interest in the digital world of computing. During my time with one of the Big Four, I took an opportunity to join the IT audit team and became part of the first forensic technology team in Australia. This opened my eyes to the world of digital forensics and investigations. Then when I moved to the UK in 2003, I had a chance to explore the world of e-discovery and have never looked back since.
practice, except for the fact that when a global conference call is setup, usually in Asia you’re doing the call late at night, but it’s all part and parcel of being in a large global practice, which I love.
The world of digital forensics is constantly changing. When I got into the field over 22 years ago, the data sizes were small indeed. We were forensically copying hard drives in computers that were 20GB in size and it would take a few hours. Nowadays, the sizes of hard drives we face are some times 2,000GB in some laptops (100 times the size of what I saw 22 years ago) and it still only takes a few hours to forensically copy. Data sizes have advanced but so has the forensic technology. Additionally, there continues to be a proliferation of many different types of electronic devices where evidence can be stored, and which you need to analyse from a digital forensic stance.
What challenges has the shift to remote working pre sented from a digital forensic standpoint?
Always learn and listen to those around you. Surround yourself with people in the field that have been around for a long time as they have a wealth of experience. Embrace technology and the changes that come along with it. Always keep up-todate with the latest technology out there as you just never know where data might be residing the next time you need to do a digital forensic investigation. Lastly, always provide a high level of quality in your work product, “if you think you’ve finished your work, check it again” – there is no room for errors or mistakes in our world of forensics!
What are the biggest data threats your clients currently face, and how are you helping tackle them?
Peers and clients say: “Davin has an extremely strong work ethic, responds promptly and is highly
I foresee a continued need for forensic technology as domestic and cross-border investigations and disputes increase and therefore having a significant local pres ence with local expertise is essential to our practices’ growth in 2022–2023.
“He is very easy to work with and provides excellent forensic analysis”
What is it about your role as forensic expert that you enjoy most?
I wouldn’t be where I was today without my team. As a forensic expert, whilst I have a lot of experience and knowledge under my belt, at times I need to rely on team members who have certain specialised knowledge or experience. Working collabo ratively with my team globally is something that I value a lot and ultimately gaining that additional knowledge and adding it to my experience is something I find very valuable.
What motivated you to special ise in digital investigations and e-discovery matters?
One of the business threats our clients face is on the cyber side. Our clients need to be online to do business and this makes their data vulnerable to attacks. Our role
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In which direction would you like to steer your practice in 2022–2023?
What advice would you give to up-and-coming practi tioners starting out in digital investigations?
Trevor is a managing director in Alvarez & Marsal’s disputes and investigations team in Hong Kong, specialising in the provision of expert accounting testimony in contentious matters. He has delivered oral and written expert accounting testimony before the High Courts in Hong Kong and Singapore and in various inter national arbitrations under the HKIAC, ICC, UNCITRAL, SIAC, AAA and CIETAC rules.
Alvarez & Marsal Hong Tel:tdick@alvarezandmarsal.comwww.alvarezandmarsal.comKong+85231022650 Also a Thought Leader in Arbitration | Expert Witnesses 26 Investigations | Forensic Accountants
BiographyDickTrevor
in quo and meet individuals face to face. Building a rapport, even with adversaries, is so much more straightforward in the room rather than on a screen. Virtual hearings are a significant development and will undoubtedly stay with us to some degree even as travel restrictions begin to ease. The application of technology to the process has been ingenious, but crossexamination is better conducted in person. Presenting evidence as an expert witness during a virtual hearing can be limiting without the ability to assess the tribunal’s reaction in person and “read the room”.
You do a mix of investigations and disputes work. To what extent do these two sides of your practice complement one another?
To an increasingly large extent. It is becoming relatively common for conten tious engagements to involve both a forensic work stream (for example, a forensic investigation to establish the facts associated with alleged breaches of contract and provide a basis for expressing their impact on quantum) and funds or asset-tracing procedures, alongside a more traditional quantum analysis and opinion.
How has the market changed since you first started practising?
What is the best piece of advice you’ve ever received?
“Don’t screw up our case.”
It’s more competitive. When I first arrived in Asia, there was a limited number of serious forensic experts in the market. That is certainly not the case now. Clients have many good options, and participants in the market need to invest significant effort in demonstrating the value of their experience, expertise and offerings.
The principal challenge for a younger accountant is to become a successful older accountant! That has always required skills of adaptation and flexibility. The increasing pace of change might make that more chal lenging than in the past. For those of us that have children on the cusp of joining the workforce, it’s been observed that many of them will be working with technology that hasn’t been invented yet, solving problems that haven’t been identified yet. On the other hand, opportunities for acquiring knowl edge and upgrading skills for those willing to invest time and effort in staying relevant have never been more available. Careers are long, and success is much more about the journey than the destination.
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I like surprises! One never knows where the next engagement will come from, each new instruction is unique, and each running matter has its twists and turns. I have always enjoyed the challenge of iden tifying solutions to novel problems, and it is invigorating to know that it is genuinely impossible to predict what I will be doing at this time tomorrow.
What qualities make for an effective forensic accountant?
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How has covid-19 affected your work and to what extent do you see these effects being long term?
Peers and clients say: “He is regarded as a strong operator among law firms and others in the accounting profession”
What attracted you to a career in disputes and investigations?
“A leading practitioner in the field”
On the one hand, hardly at all, as so much of an expert’s work can be office or even home-based because we tend to get most heavily involved once formal disclosure is substantially complete. On the other hand, I miss the opportunity to travel to the locus
What are the key challenges younger forensic accountants may face in their practice and how can they overcome these?
A curious, rigorous and sceptical mindset. A willingness to expend the intellectual effort required to uncover and under stand complex fact patterns. The ability to turn intricate analyses of financial and economic data into clear and compelling written reports that effectively communi cate findings to clients, instructing solici tors, judges and arbitral tribunals. An inclination to admit to and deal with the impact of errors or misunderstandings as soon as they arise. And the confidence to be a robust advocate for one’s legitimately held professional opinions.
What has been your most inter esting case to date, and why?
I acted for an international accounting firm that its former client had sued for alleged professional negligence in connection with the preparation of expert reports for use in litigation. This was the most thoroughly fascinating exercise, given that it involved considering the appropriateness of another expert’s evidence and the various stand ards to which that expert’s evidence ought to be held. I think about it every time I draft one of my reports.
Neill Poole is a senior managing director based in Hong Kong and has worked in Asia for over 20 years. He has accumulated exten sive regional experience in dispute services, forensic accounting and financial investigations. Prior to relocating to Asia from the United Kingdom, Neill trained as a char tered accountant on the audit team of a Big Four accountancy practice and, soon after qualifying in 1988, specialised in forensic accounting.
Ankura Hong Tel:neill.poole@ankura.comwww.ankura.comKong+85222332533 28 Investigations | Forensic Accountants
BiographyPooleNeill
What are the key skills required for advising clients involved in regulatory issues and disputes?
What is needed from practition ers in order for them to flour ish as experts under a variety of arbitration institutions and national court systems?
expertise and resources of the firm globally far more easily and speedily than most of our competitors. Coupled with the fact that we rarely have conflict of interest issues, Ankura is typically able to respond more quickly with the right solution for the client and its legal advisers.
It is difficult to label a single case as the most interesting. I have been fortunate to have been involved in many cases over the course of my career that have proved interesting or challenging in various ways. They include an investigation into a collapse of a private bank in North America which turned out to be a major system atic fraud and sophisticated money laun dering operation by senior management, an investigation/receivership case in China which involved part of the team being held hostage by “employees”, several postacquisition disputes which have involved interesting technical accounting issues as well as a number of joint venture disputes that involved allegations of malfeasance.
I would say the key thing is variety. No two cases are the same because of the fact base of a particular matter and how the fact base interacts with relevant law. In addition, we get exposure to a wide variety of clients and industries in our work, not to mention the benefit of working with a variety of legal teams from around the globe. Of course, in Asia, we also have the
To use a medical analogy – a good bedside manner. There is a huge range of sophis tication in the clients we work with, from global financial institutions and corporates to first-time litigant individuals. Being able to match communication of issues and opinions with the experience and knowledge of the client is essential. It is also impor tant to balance empathy with independence, clarity of thought and realism. In the heat of a dispute, clients may not always like or agree with your opinion, but they will usually come around to accepting it.
As a result, one of the key challenges was having to learn quickly how to apply experience and skills in a way which was helpful and understandable to clients and their legal advisers. Inevitably, given the relative novelty of the service at the time, we also had to “educate” those who might benefit from forensic accounting services as to how our input could be of assistance.
What can younger practitioners do to increase their chances of being appointed as experts in international arbitrations? Is there a role for experienced experts here?
“He is extremely responsive and provides in-depth analysis”
Looking back over your career, what is the most interesting case you have been a part of?
“A very strong and constructive forensic expert”
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What are the most important trends in forensic accounting that readers should be aware of?
I became involved in forensic accounting almost by accident at a time when it was little known as a specialisation and just as some of the large accounting firms (which subsequently became the “Big Four”) started to form specialist teams.
In my view, so far as damages experts are concerned, the differences between arbitration institutions and national court systems (particularly those with common law systems) are far less relevant than they are to, say, lawyers. In any forum, the expert needs to be able to think and communicate incisively so that the client, legal advisers and, ultimately, the tribunal can quickly grasp and evaluate the rele vance of an expert’s opinion to the case.
There is definitely an ongoing role for expe rienced experts in international arbitra tions. In addition to honing their technical skills, I would advise younger practitioners to broaden their experience as much as possible and not to restrict themselves purely to forensic accounting. Depending on the context and issues in dispute, an expert’s ability to draw on experiences from involvement in other types of work (such as insolvency cases, M&A advisory, financial due diligence) can be very helpful when analysing a case and forming an opinion. Never stop learning! I would also recom mend that younger practitioners develop their network of law firm contacts in their peer group at an early stage. This will not only get them known to decision makers of the future but will often give them insights as to the practical issues with experts being faced by lawyers.
One of the most important trends, in my view, is the impact of conflicts of interest. It is not a new challenge to the accounting/consulting profession in the context of forensic accounting, but it is a recurring one. As consulting firms grow larger and more diverse in their service offerings, it inevitably becomes more difficult to satisfy actual and perceived independence requirements, particularly in an environment where there is already mistrust between parties in dispute. This will continue to push forensic accounting practitioners away from large audit-based accounting practices into niche consulting firms and we will continue to see new specialist start-ups or “bolt-ons” to firms which have previously not offered forensic accounting services.
What is it about your role as a forensic accountant and financial investigator that you enjoy most?
One of Ankura’s key strengths is its collaborative culture. Many firms say they have a collaborative culture, but few do in reality. This allows us to draw on the strong
What did you find most chal lenging about entering practice as a forensic accountant?
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benefit (and challenges) of working with a variety of cultures. The importance of cultural differences cannot be understated in this line of work.
Peers and clients say: “Neill has deep industry expertise and experience giving expert evidence”
How does Ankura distinguish itself from the competition in the region?
gation
Keith Williamson is a managing director based in London with Alvarez & Marsal and leads the firm’s disputes and investigations team in Hong Kong and China. He has more than 25 years of forensic and investigative accounting expe rience (including 12 years in Asia), specialising in investigations of fraud, corruption (U.S. FCPA/U.K. Bribery Act) and regulatory issues, asset tracing and recovery (including cryptocurrency), and liti support and expert witness services for &
BiographyWilliamsonKeith
disputes. Alvarez
Marsal Hong Kong, Shanghai, Tel:kwilliamson@alvarezandmarsal.comwww.alvarezandmarsal.comLondon+447778130738 30 Investigations | Forensic Accountants
Through varying combinations of these traits in particular circumstances, I think clients are looking for a forensic accountant that ultimately makes them look, to their own clients, bosses, peers and other stake holders, like they made a good decision in hiring the forensic accountant in the first place.
The biggest changes have resulted from the developments in technology over the period I have been practising. Some early investigation and dispute projects required the identification, review and copying (for evidential purposes) of huge volumes of
hard-copy documentation, even including manual accounting ledgers for some very old issues. Much of the identification and copying work is no longer performed by forensic accountants, and instead specialist teams of forensic technolo gists identify, process, key word search, risk profile and host electronic data for our review. This means that the work is not as labour intensive as it once was, and increased value is now placed on the ability to intelligently design and execute scopes of work and methodologies that leverage technology to achieve desired outcomes in a focused and effective manner.
“He always brings the right level of resources, knowledge and experience to every matter”
What advice would you give to someone starting out in foren sic accountancy?
“Keith has a very practical approach to each engagement”
Don’t look to specialise in a particular area until you are sure this is your area of strength and the one that you most enjoy – explore as many different types of work and project as are available to give yourself the best opportunity of having options and making the right decision if the time comes to specialise.Identifyand engage with mentors that you respect and who you can learn the right and wrong ways to do things from through observation and interaction.
The newest frauds to emerge in the past couple of years have involved investments in cryptocurrencies or individuals being defrauded of assets that include or are converted into cryptocurrency assets. This has required us to climb a relatively steep learning curve to ensure we completely understand how such assets are created, transacted, concealed and converted to and from fiat currency, and the technology that is available to assist us in identifying and tracing such assets. Having done this and successfully performed investigations and asset tracing exercises, it has been important to educate more of the lawyers that we work with about what is achiev able on these matters so that they in turn can advise their clients and manage their expectations.
Peers and clients say: “He is a clear communicator who stays focused on the central issues”
What new types of fraud have you seen emerge recently? How are you ensuring that you and your clients are well-equipped to tackle the forensic challeng es they pose?
I think it differs from client-to-client and situation-to-situation, but common traits include strong hands-on leadership, concise and timely verbal and written communication skills, the ability to meet deadlines, working collaboratively, the ability to provide advice and solutions rather than just identifying problems, and the ability to stick to a budget (and/or communicate early and fully about neces sary expansions of scope and budget).
What makes Alvarez & Marsal stand out from its competitors in the market?
What inspired you to pur sue a career as a forensic accountant?
I studied law as my degree and enjoyed it without ever thinking I would go on to be a lawyer as I always wanted to work in business. When I was then training as a chartered accountant performing statu tory audits for Deloitte’s clients and had to spend 10 weeks in another department as part of my training, I discovered that forensic accounting existed. This seemed like a perfect mix of law and accountancy. The first investigation I performed imme diately had me hooked and I pursued a career as a forensic accountant from that day onwards.
I think there are important aspects that make Alvarez & Marsal stand out as an employer that in turn help us stand out from our competitors in the market. Firstly,
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Enjoy the thrill and embrace the chal lenge of the extremely busy and demanding periods, but equally remember to relax, reflect and appreciate your achievements during the quieter periods.
the firm is truly a meritocracy – promo tions and compensation are earned from achievements, how we serve our clients and how we develop our people, not from time served and not restricted by any bias other than our ability to perform in accord ance with our core values for our clients and team. It requires individuals to take responsibility for their work and in turn their careers, and rewards those that are self-starters, self-motivated, have integrity and take ownership and pride in everything they do. Another common thread running through the team is that while everyone is different and has different interests and pastimes outside work, everyone is down to earth and does have a life outside work, which the firm looks to ensure is protected and enjoyed. This all contributes to the firm’s founders’ guiding principle for the firm of “like what you do, and love who you do it with”, which in turn hopefully comes across to our clients who return to us not only because of the quality and results of our work, but because of the people they enjoyed working with.
What do clients look for in an effective forensic accountant?
whoswholegal.com/thought-leaders
How has the role of a forensic accountant changed since you first started practising?
Kyle Wombolt , Herbert Smith Freehills Wendy Wysong , Steptoe & Johnson LLP
Kate Yin , Fangda Partners
Kelly S Austin , Gibson, Dunn & Crutcher LLP
Sarah Grimmer , Hong Kong International Arbitration Centre • Q&A
Ariel Ye , King & Wood Mallesons
Trevor Dick , Alvarez & Marsal • Q&A
Kathryn Sanger , Herbert Smith Freehills
Graham Harris SC , Liberty Chambers
Jonathan Midgley , Haldanes Solicitors and Notaries • Q&A
Ian De Witt , Tanner De Witt
Andrew Powner , Haldanes Solicitors and Notaries • Q&A
Nicolas Wiegand , CMS, Hong Kong LLP
Hong Kong
David Liu , JunHe LLP
Maggie Lo , Clifford Chance LLP
Business Crime Defence China
Camille Jojo , Norton Rose Fulbright Mark Lin , Hogan Lovells
Commercial Mediation
Michael Han , Fangda Partners
Fay Zhou , Linklaters LLP
Connie Heng , Clifford Chance
Banking China
Thought Leaders in Mainland China and Hong Kong SAR 2022
Susan Ning , King & Wood Mallesons
Melody Wang , Allen & Overy Lang Yue
Felix Ng , Haldanes Solicitors and Notaries • Q&A
Arthur Ma , DaHui Lawyers • Q&A
Jill Wong , Howse Williams
Colin Cohen , Boase Cohen & Collins, Solicitors and Notaries
Donna Wacker , Clifford Chance
Mustafa Hadi , Berkeley Research Group
Jeff Lane , Tanner De Witt
Ian Mann , Harney Westwood & Riegels
Christopher To , Gilt Chambers
Christopher Morley , Morley Chow Seto
Helen H Shi , Fangda Partners
May Tai , Herbert Smith Freehills
Michael J Moser , Twenty Essex Arbitrators
Competition China
Benjamin Yu SC, Chambers of Benjamin Yu
Timothy Hill , Hogan Lovells
Hong Kong
Janet Hui , JunHe LLP
Hazel Yin , Freshfields Bruckhaus Deringer LLP
Hong Kong
John Choong , Freshfields Bruckhaus Deringer
Directory32
Robin Darton , Tanner De Witt
Asset Recovery | Experts
Simon Chapman QC , Herbert Smith Freehills
Matthew Hodgson , Allen & Overy LLP
Lijun Cao , Zhong Lun Law Firm • Q&A
Mariel Dimsey , CMS, Hong Kong LLP
Mike Allen , Secretariat • Q&A
Hong Kong Abraham Chan SC , Temple Chambers
Jat Sew-Tong SC JP , Temple Chambers
Asset Recovery
Charles Manzoni QC , Temple Chambers
Arbitration | Expert Witnesses
Martin Rogers , Davis Polk & Wardwell
Neil Kaplan CBE QC SBS , Arbitration Chambers
China
Jon Rowell , FTI Consulting
Hong Kong
Randall Arthur , Georgiou Payne Stewien LLP
Hong Kong
Cosimo Borrelli , Kroll
Timothy W Blakely , Morrison & Foerster LLP
Anita Chow , Morley Chow Seto
Noel Campbell , HFW
Teresa Ko , Freshfields Bruckhaus Deringer
Helen H Shi , Fangda Partners
Hong Kong
Capital Markets
Ambrose Ho SC , Rede Chambers
Nicholas D Hunsworth , Mayer Brown
Thomas Walsh , Clifford Chance
Bernard Man SC , Temple Chambers
Arthur (Xiao) Dong , JunHe LLP
Norris Yang , ADR International Limited
Arbitration
Ninette Dodoo , Freshfields Bruckhaus Deringer LLP
John Yong Ren , T & D Associates
Commercial Litigation China
Peter Duncan , Plowman Chambers
Chiann Bao , Arbitration Chambers
Martin Rogers , Davis Polk & Wardwell Gareth Thomas , Herbert Smith Freehills
Justin D'Agostino , Herbert Smith Freehills
Kelly Naphtali , Kirkland & Ellis
Nick Gall , Gall
Tim Mak , Freshfields Bruckhaus Deringer
Etelka Bogardi , Norton Rose Fulbright
Jonathan B Stone , Skadden Arps Slate Meagher & Flom Dieter Yih , Kwok Yih & Chan
Nick Gall , Gall
Peter Scott Caldwell , Caldwell Ltd Danny McFadden , CEDR Asia Pacific Jody Sin Kar Yu , The Resolution Mediation Consultants Limited
David Morrison , MinterEllison
Brian W Gilchrist , Gibson, Dunn & Crutcher LLP
Eric Carlson , Covington & Burling LLP
Peter Lake , Slaughter and May
Hong Kong
Hong Kong
Yuan Min , King & Wood Mallesons
Trevor Dick , Alvarez & Marsal • Q&A
Monica Sun, Herbert Smith Freehills LLP
Peter Glanville , Ankura Neill Poole , Ankura • Q&A Jon Rowell , FTI Consulting
China
Alan Chiu , ELLALAN
Lewis Ho , Loeb & Loeb LLP
Henry Wheare , Nixon Peabody CWL Kenny K S Wong , Hogan Lovells Catherine Zheng , Deacons
Xiao (Marissa) Dong , JunHe LLP
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Franchising China
Qiang Ma , Haiwen & Partners Christopher (Chunxiang) Shen , NTD
Construction | Expert Witnesses
Corporate Tax China
Energy China
Davin Teo , Alvarez & Marsal • Q&A
Hong Kong
Fei Kwok , Clyde & Co
Mark Parsons , Hogan Lovells
Paul Pu , KPMG Advisory (China) Limited England Keith Williamson, Alvarez & Marsal • Q&A
Hong Kong
Hong Kong
Nongfan Zhu , King & Wood Mallesons
Peter Clayton SC , Parkside Chambers
Andrew L Foster , Skadden Arps Slate Meagher & Flom
Data China
Hong Kong
Gordon A Milner , Morrison & Foerster LLP
Dean Lewis , Pinsent Masons
Edward E Lehman , Lehman Lee & Xu
Anna L Gamvros , Norton Rose Fulbright
Richard Kershaw , Deloitte
Martin Downey , HFW
Gabriela Kennedy , Mayer Brown
Xinyan Zhou , Unitalen
Hong Kong
Ella Cheong , ELLALAN
Ian Cocking , Cocking & Co • Q&A
Hong Kong
Annie Tsoi , Deacons
Hong Kong
Eugene Chow , Chow King & Associates
Russell Wilkinson , Baker Botts LLP
Hong Kong
Bruckhaus Deringer
China
Teresa Ko, Freshfields Bruckhaus Deringer Corporate Immigration China
Hong Kong
Kenny K S Wong , Hogan Lovells Insurance & Reinsurance China
whoswholegal.com/thought-leaders
Hong Kong
Martin CW Tam , Baker McKenzie
Anthony Houghton SC , Des Voeux Chambers
Neil Kaplan CBE QC SBS , Arbitration Chambers
Taiwan
Audrey Chen , JunHe LLP
Peter Yongjun Ni , Zhong Lun Law Firm
Spring Chang , Chang Tsi & Partners
China
IP | Trademarks
Investigations | Forensic Accountants
Hui Huang , WAN HUI DA Law Firm
Marc Waha , Norton Rose Fulbright
Intellectual Property Attorneys
Alastair Mordaunt , Freshfields
Coral Toh , Spruson & Ferguson
Helena HC Chen , Chen & Chang, Attorneys-at-Law
Peter Scott Caldwell , Caldwell Ltd
Mike Allen , Secretariat • Q&A Graham McNeill , FTI Consulting
Construction
Glenn Haley , Bryan Cave Leighton Paisner HK
Ai-Leen Lim , AWA Asia
Wenping Chen , King & Wood Mallesons He Fang , King & Wood Mallesons
Hong Kong
Ian Pennicott QC SC, Des Voeux Chambers
Bruno Arboit , Kroll Colum Bancroft , AlixPartners Mark Bowra , KPMG
Natalie Yeung , Slaughter and May
China
Hong Kong
IP | Patents
Paul Starr , King & Wood Mallesons Steven Yip , MinterEllison
Dominic Hui , Ribeiro Hui Yu Qin , JunHe LLP
Hong Kong
Investigations | Digital Forensic Experts
Timothy Hill , Hogan Lovells
China
Willem Jan Hoogland , Haldanes Solicitors and Notaries • Q&A
Kian Heong Hew , Herbert Smith Freehills LLP
Charles Manzoni QC , Temple Chambers
Scott Guan , Zhong Lun Law Firm
Vivien Chan , Vivien Chan & Co
Hong Kong
Simon McConnell , Clyde & Co LLP Antony Sassi , RPC
Corporate Governance
Geoffrey Lin , Ropes & Gray LLP
Wanhe Ye , Cyan Law
David M Blumental, Latham & Watkins LLP
Patrick O'Neill , ADR Partnership Ltd
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Henry Wheare , Nixon Peabody CWL
Robert Ashworth , Freshfields
Robin Darton , Tanner De Witt
Sharon Yap , Maples Group (Hong Kong)
Ian De Witt , Tanner De Witt
John Yong Ren , T & D Associates David Tang , JunHe LLP
Nick Poynder , HFW Evangeline Quek , Stephenson Harwood LLP
Alison Wong , Bird & Bird
Teresa Ko , Freshfields Bruckhaus Deringer
Chris Howse , Howse Williams
Lianjun Li , Reed Smith Richards Butler
Hongjuan Bai , JunHe LLP
Katherine Wang , Ropes & Gray LLP
Matthew Bisley , Allen & Overy LLP
Nick Beckett , CMS
Denise Wong , Walkers
Trade & Customs China
Hong Kong
Eugene Chen , Allen & Overy LLP Project Finance Hong Kong
Paul Knox , JP Morgan
Hong Kong
Allen W L Ng , Baker McKenzie
Jingbo (Jason) Lu , River Delta Law Firm
Vivian Wang , East & Concord Partners
Scott Bache , Clifford Chance
Peng Jiang , Hylands Law Firm Xiong Lan , B&H Associates
Restructuring & Insolvency Hong Kong
Yong Zhou , JunHe LLP
Hong Kong
Simon Lawrenson , Mourant Ozannes
Charmaine Koo , Deacons
Zheng Xie , Fangda Partners
Life Sciences
John R Fadely , Gibson, Dunn & Crutcher LLP
Carol (Yeping) Zhu , Zhong Lun Law Firm
Benjamin Choi , Oldham Li & Nie Lawyers
Xiaochen Wu , Tahota Law Firm
Wang Hongyu , Heng Xin Law Office
Justin Davidson , Norton Rose Fulbright
James Gaden , Walkers
Aisling Dwyer , Maples Group (Hong Kong)
Andrea Sui-Yi Fong , Wilkinson & Grist
Sophia Man , Baker McKenzie
Private Funds
Audrey Chen , JunHe LLP
Nigel J Binnersley , Hauzen LLP
Danielle Roman , Mourant Ozannes
Nancy Zhang , JunHe LLP
Jamieson J Logie , Sullivan & Cromwell
Howard K H Lam , Latham & Watkins LLP
Lin Yang , Ray Yin & Partners PRC Lawyers
Rebecca Lo , Gallant
Cathy Qu , River Delta Law Firm
Eric C Emerson , Steptoe & Johnson LLP
Yu-lai Jin , KaiRong Law Firm
Gavin Anderson , Debevoise & Plimpton LLP
Ariel Ye , King & Wood Mallesons
Private Client | Trust & Advisory Services Hong Kong
Guo Sun Lee , King & Wood Mallesons
Product Liability Defence China
Jonathan Leitch , Hogan Lovells Ian Mann , Harney Westwood & Riegels John M Marsden , Mayer Brown Neil McDonald , Kirkland & Ellis
Cynthia Chung , Deacons
Jianwei Liu , Zhong Lun Law Firm
Alex Bidlake , Linklaters
Edward Freeman , Freshfields Bruckhaus Deringer
Audrey Chen , JunHe LLP
Lingchen Pu , Zhong Lun Law Firm
Paul Greenwell , Clifford Chance
Andrew Lockhart , Baker McKenzie
Hong Kong
Hai Yan , Guangsheng & Partners
Stuart R Miller , Clyde & Co
Steven Wise , CMS Hong Kong
Donghui Fu , AllBright Law Offices
James Ford , Allen & Overy Hong Kong
Rachel Li-Mei Tan , Rouse
Jeffrey Wilson , JunHe LLP
Jin Xiao , King & Wood Mallesons
Simon Weller , Freshfields Bruckhaus Deringer
Andrew M Ostrognai , Debevoise & Plimpton LLP
Labour & Employment China
Xavier Le Sourne , Elvinger Hoss Prussen
Hong Kong
Sarah Catchpole , Kennedys Max Cross , Ince
Nicholas Norris , Kirkland & Ellis
Patsy Lau , Deacons
Adam C Furber , Simpson Thacher & Bartlett
David Liu , JunHe LLP
Arthur Mok , Ropes & Gray LLP
Matthew Middleditch , Linklaters
Justin Dolling , Kirkland & Ellis
Hong Kong
China
Fiona Loughrey , Simmons & Simmons
M&A China
Annie Tsoi , Deacons
Benita Yu , Slaughter and May Mining China
Bruckhaus Deringer
Elsie Chan , Deacons
Kenny K S Wong , Hogan Lovells Barry Yen , So Keung Yip & Sin
Duncan AW Abate , Mayer Brown
Hong Tran , Mayer Brown
Douglas Clark , Rouse
Daniel Anderson , Ropes & Gray LLP
Transport | Aviation & Shipping China
Mark Fairbairn , DLA Piper Hong Kong Look-Chan Ho , Des Voeux Chambers
Shu Wang , Han Kun Law Offices Jie Zhou , King & Wood Mallesons David Zhou Yi , Co-effort Law Firm LLP
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