Simon is a qualified Solicitor in Hong Kong and England & Wales with over 16 years of solid experience in representing both Hong Kong and overseas-based clients in a wide array of contentious and non-contentious matters.
On the contentious side, Simon is a seasoned litigator and dispute resolution specialist experienced in dealing with a wide range of complex and multi-jurisdictional commercial disputes involving company and shareholders, banking, investment and debt recovery, commercial fraud, international trade and sale of goods/commodities, insurance, maritime and transportation, logistics as well as construction related matters. Simon frequently represents clients in court proceedings, arbitrations (both ad-hoc and institutional including HKIAC, SIAC, CIETAC, LCIA, LMAA, ICC and GAFTA) and mediations both in Hong Kong and abroad, including London, PRC, Australia, India, Singapore and the United States. Simon is currently one of the Examiners for Head II Civil Procedure of the Overseas Lawyer Qualification Examination (OLQE) of the Law Society of Hong Kong.
On the non-contentious side, Simon is frequently instructed to represent and advise clients in a broad spectrum of corporate and commercial matters, ranging from being retained as general external counsel in advising on daily business and operational matters for transport operator in Hong Kong; advising on complex standard trading terms and conditions for international trade, logistics and warehouse operator, to acting for clients in multi-million deals involving sale and acquisition of shares, convertible bonds, joint ventures and long-term sale and purchase of high value commodities, as well as assisting clients on general corporate compliance and establishment of business and operation in Hong Kong and abroad.
Simon has focused on developing a privacy, data protection and cybersecurity practice, and has advised and helped clients on a variety of matters involving information technology, privacy and data protection issues. Simon actively participates in privacy and data protection related industrial events, including delivering seminars and publishing various articles on the subject. Simon is a Certified Information Privacy Manager (CIPM) of the International Association of Privacy Professionals (IAPP), and also sits as a board member on the IAPP’s Asia Advisory Board.
Beyond his legal practice, Simon also actively participates in and contributes to the promotion and development of the legal industry in Hong Kong, particularly in the maritime and transportation sector. Simon is currently the Chairman of the Hong Kong Institute of Seatransport and represents the Institute as member of the Hong Kong Maritime and Port Board (HKMPB) of the Hong Kong Government, and is also a member of the Hong Kong Maritime Arbitration Group (HKMAG). He is also a contributing editor to the 2nd edition (2019) of the Maritime Law and Practice in Hong Kong, which is part of the Hong Kong Law Library series published by Sweet & Maxwell.
Through his work in the promotion of the Hong Kong legal industry, Simon has built and developed strong connection with China, where he also focuses part of his efforts in promoting Hong Kong as an International Dispute Resolution Centre under the One Belt One Road and Greater Bay Area Initiative. In 2018, Simon was one of the handful of Hong Kong lawyers invited to attend an official, fully sponsored visit and legal exchange program organised by the PRC Ministry of Justice and the PRC All China Lawyers Association. Simon is currently appointed as the Deputy Secretary General of The Council for the Promotion of Guangdong-Hong Kong-Macao Cooperation Legal Committee, where he is also a Panel Mediator of the Cross-Border Dispute Mediation Committee. In addition, Simon is also a member listed in the Hong-Kong Macao Lawyers Talent Pool of the Guangdong Lawyers Association and a Panel Arbitrator of the Huizhou Arbitration Commission in China.
Professional Associations and Memberships
- Law Society of England & Wales
- Law Society of Hong Kong
- Certified Information Privacy Manager (CIPM) - International Association of Privacy Professionals
- Examiner for Head II Civil Procedure - Overseas Lawyer Qualification Examination (OLQE), Law Society of Hong Kong
- PCLL Conversion Examination Reviewer – PCLL Conversion Examination Board, Hong Kong
- Civil Celebrant Hong Kong
- Chairman - Institute of Seatransport, Hong Kong
- Deputy Secretary General – The Council for the Promotion of Guangdong-Hong Kong-Macao Cooperation Legal Committee
- Executive Committee Member - The Small and Medium Law Firms Association of Hong Kong
- Asia Advisory Board Member - International Association of Privacy Professionals
- Member - Marine Insurance Club, Hong Kong
- Member - Data Protection Officers’ Club, Office of the Privacy Commissioner for Personal Data, Hong Kong
- Member of Guangdong Lawyers Association (Hong-Kong Macao Lawyers Talent Pool)
Professional Arbitration/Mediation Bodies/Organisations
- Panel Arbitrator - Huizhou Arbitration Commission
- Member - The Hong Kong Maritime Arbitration Group
- Panel Mediator - Cross-Border Dispute Mediation Committee of The Council for the Promotion of Guangdong Hong Kong-Macao Cooperation
“Act” does not require “Fault” under Clause 8(d) of ICA 1996
- Journal of the Institute of Seatransport Spring 2018 No.121 Issue
- won 3rd Prize at the All China Lawyers Association Maritime Law Conference & International Maritime Policy Forum Under “The Belt and Road”, 23-25 November 2017.
My matter highlights
- Represented two major Korean Banks in recovering a loan of over US$9.5 million which involves making emergency Mareva injunction application and multiple enforcement proceedings through the Hong Kong Court.
- Represented a major PRC wood and timber trading company in a dispute involving the sale and purchase of rare rosewoods and other species of timber products with the PRC and Thai Governments. The transactions spread across 14 separate contracts with a total contract value in excess of US$300 million. The dispute involves three related ICC arbitrations and a Mareva injunction proceedings before the Hong Kong Court.
- Represented a PRC government ministry and state-owned ship owner in defending a ship arrest claim made by a Malaysian engineering and construction company in respect of a dispute relating to the non-delivery of a large floating crane under a charterparty.
- Represented a major Swiss multinational consumer-food and infant nutrition producer in their dispute arising under a field marketing agreement made with an international brand activation and field marketing company relating to the marketing and distribution of infant nutrition products in China, and also in the investigation of alleged sale and distribution of defective infant nutrition products in China through their agents and distributors in Taiwan and China.
- Represented a major international insurer in their dispute arising under various product liability insurance policies, including applying for anti-suit injunction before the Hong Kong Court against proceedings commenced in the US.
- Advised a UK insurance broker on the setting up of their insurance broking business in Hong Kong, including assisting in their application for insurance broker license in Hong Kong, applying for registration of trademarks and advising on insurance regulatory related issues.
My recent publications
News / Free Movement of Personal Data? Cross-Border Transfer vs Localisation – Part 2
In the previous part of this 2-part article, we have discussed the rules in the EU and the UK governing the transfer of personal data. But what about transferring data from Asian countries? Is there a GDPR equivalent in Asia? In this second part of the article, we will discuss the relevant rules in Hong Kong, Mainland China, India and the APEC.
News / Free Movement of Personal Data? Cross-Border Transfer vs Localisation – Part 1
Given the uncertainty over Brexit, concerns about the movement of people and goods across the UK-EU border post-Brexit are bigger than ever. But what about personal data? Can personal data still be transferred between the UK and other EU countries post-Brexit? What are the relevant laws in the UK and the EU? How are other countries regulating the cross-border transfer of personal data? In this 2-part article, we will discuss the data transfer laws of the EU, the UK, Hong Kong, Mainland China, India and the APEC, and suggest that the trend in the future is for cross-border data transfer to be allowed as long as a prescribed level of data protection measures are in place.
Insights / Are fines and penalties relating to breach of data privacy regulations insurable? – Review from the UK and Hong Kong perspectives
Breach of data privacy protection regulation, with the new European Union’s General Data Protection Regulation (“GDPR”) coming into effect, can result in draconian fines and penalties. In January 2019, Google was fined 50 million Euros for improper disclosure to users as to how data is collected across its services, including its search engine, Google Maps and YouTube, to present personalized advertisements. This penalty is by far the largest penalty to date since the implementation of the new GDPR. British Airways faces a possible fine of £500 million over the data breach of leaking the customer details, including bank card numbers, expiry dates and cvv codes in a cyber-attack. Despite conventional thinking of prohibiting insurances against the fines and penalties based on public policy argument, there is certainly demand for expansion of related data breach insurances. By comparing UK and other EU jurisdictions as well as Hong Kong, the trend for data breach related insurances are on the rise.
News / 60 years of Enforceable Arbitration, it’s now time for Mediation
On 16 July 2018, the United Nations Commission on International Trade Law (“UNCITRAL”) held a celebratory event in New York, marking the 60th anniversary of the adoption of the Convention on Recognition and Enforcement of Foreign Arbitral Award, better known as the New York Convention. Up till the time when this article is written, there are already 159 States which have ratified the New York Convention.