Call: 2013 (HK)
FCIArb Fellow of the Chartered Institute of Arbitrators
HKMAAL Accredited General Mediator
2008 BBA(Law), University of Hong Kong
2010 LLB, University of Hong Kong
2011 LLM in International Commercial Law (First Class), King’s College London
2012 Associate of King’s College London
2012 PCLL, University of Hong Kong
2016 MA(Music), Chinese University of Hong Kong
Alex Fan has developed a broad civil and commercial practice, with strong expertise in among others company law and insolvency, securities law, asset preservation and recovery, contractual disputes, property litigation, trust and probate, commercial arbitration and cross-border dispute resolution. Prior to joining the private practice, Alex served in the Prosecutions Division and Civil Litigation Unit of the Department of Justice, HKSAR, where he started to build up his expertise in criminal law, constitutional law and judicial reviews. Alex has advised and acted for a variety of clients, ranging from listed companies, multi-national companies, PRC state-owned enterprises, liquidators, public bodies, to small and medium enterprises, individuals as well as Official Solicitor, trade unions, charitable organisations and NGOs.
Alex has extensive experience in appearing (both as sole advocate and as led-junior) in the High Court (both the Court of Appeal and the Court of First Instance), the District Court, the Lands Tribunal and the Magistracies, and is frequently instructed to appear in trials, appeals, and interlocutory applications (including ex parte applications, freezing injunctions and arbitration-related applications). Outside the courtroom, Alex is heavily engaged in commercial arbitration and mediation practice. In 2019, Alex completed the Investment Law and Investor-State Mediator Training Course organized by International Centre for Settlement of Investment Disputes (ICSID). Since 2020, Alex has been appointed by Hainan Provincial Government, PRC as instituting board member of Hainan International Arbitration Court (HIAC), being the only Hongkonger serving on the board.
With his unique experience and background in governance of education institutions, social welfare agencies and culture and art groups, Alex frequently advises and acts for organisations and individuals in legal and regulatory matters concerning the education, social welfare and cultural and art sectors.
Alex is appointed as member or adjudicator of more than a dozen of government boards and statutory bodies and tribunals in PRC and Hong Kong SAR.
Alex remains active in the mooting community and has been invited by International Committee of Red Cross (ICRC) and Hong Kong Red Cross to serve as member of the Organising Committee for the Red Cross International Law Moot since 2018.
Adjudication Experience in Statutory Boards & Tribunals
Arbitration & Related Proceedings 仲裁及相關訴訟
High Court – creditor’s application to enforce CIETAC arbitral award – Arbitration Ordinance (Cap. 609) s93 – double enforcement
High Court – creditor’s application to enforce CIETAC arbitral award – Arbitration Ordinance (Cap. 609) s93
High Court – creditor’s application to enforce SHIAC arbitral award – Arbitration Ordinance (Cap. 609) s93
Contractual disputes, debt recovery, shareholder disputes, investment and joint venture agreements, and property disputes
Mediation 調解
Contractual disputes, debt recovery, shareholder disputes, property disputes, investment and joint venture agreements, building management disputes and intellectual property disputes
Company Law, Winding-up, Liquidation & Shareholder Disputes
公司法、公司清盤、公司清算與股東糾紛
High Court – Convoy (HK Ex Stock Code: 1019) litigation series – defending claim for dishonest assistance, unlawful means conspiracy and lawful means conspiracy to injure
High Court – Convoy (HK Ex Stock Code: 1019) litigation series – common law derivative action brought by a minority shareholder against CEO, executive directors and independent non-executive directors for breach of directors’ duties
High Court – minority shareholder’s petition under CO (Cap. 622) ss724, 725 – just and equitable winding-up under CO (Cap. 32) s177(1)(f) – misappropriation of funds
Court of Appeal – minority shareholder’s petition under CO (Cap. 622) ss724, 725 – just and equitable winding-up under CO (Cap. 32) s177(1)(f) – inspection of books and accounts – application for appointment of provisional liquidator
High Court – creditor’s petition for winding-up on insolvency ground under CO (Cap. 32) s177(1)(d) – application for validation order under CO (Cap. 32) s182
High Court – minority shareholder’s petition under CO (Cap. 622) ss724, 725 – just and equitable winding-up under CO (Cap. 32) s177(1)(f) – opposing application for validation order under CO (Cap. 32) s182
High Court – creditor’s petition for winding-up on insolvency ground under CO (Cap. 32) s177(1)(d) – statutory demand based on guarantor’s liability arising from principal debtor’s liability for failure to perform an obligation to redeem shares – bona fide dispute of debts – whether principal debtor’s liability established and guarantor’s liability triggered
High Court – opposing creditor’s petition for winding-up on insolvency ground under CO (Cap. 32) s177(1)(d) – statutory demand for payment of delivered goods – bona fide dispute of debts on substantial grounds counterclaiming poor quality of goods
High Court – creditor’s petition for winding-up on insolvency ground under CO (Cap. 32) s177(1)(d) – statutory demand for payment under a PRC arbitral award enforceable in Hong Kong
High Court – liquidator’s action against company director for fraudulent trading under CO (Cap. 32) ss275 – action for unlawful distribution of dividend under CO (Cap. 622) s301 and predecessor CO (Cap. 32) s79M
High Court – liquidator’s action against third party for an order avoiding transfer of company’s assets after presentation of winding-up petition under CO (Cap. 32) s182
High Court – creditor’s opposition to liquidator’s application for discharge
High Court – director and minority shareholder’s application for an order for inspection of documents under CO (Cap. 622) ss373, 375
High Court – opposing shareholder’s application for rectification of company’s member register under predecessor CO (Cap. 32) s100
Bankruptcy 個人破產
High Court – opposing bankruptcy petition on the ground of failure to comply with statutory requirements for leave to enforce foreign costs order under Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap.319) ss4, 8 before issuing statutory demand – bona fide cross claims
High Court – creditor’s petition for bankruptcy – statutory demand based on guarantor’s liability arising from principal debtor’s liability for failure to perform an obligation to redeem shares – bona fide dispute of debts – whether principal debtor’s liability established and guarantor’s liability triggered
High Court – creditor’s petition for bankruptcy – statutory demand for payment for judgment debt – bona fide dispute of debts – bona fide cross claims by way of administration action
High Court – opposing bankruptcy petition on the ground of bona fide dispute of debts
High Court – opposing application of trustee-in-bankruptcy for an order to extend bankruptcy period under Bankruptcy Ordinance (Cap. 6) s30A
Land, Trust & Adverse Possession 房地產、信託與逆權管有
High Court – claim for sole beneficial ownership by resulting trust / constructive trust of properties held in joint names with family members – misappropriation of funds in jointly owned bank account – Order 39 Evidence by disposition
High Court – defending deceased’s estate claim for sole beneficial ownership of bank account owned by cohabitant by resulting trust / constructive trust – application for discharge of ex parte Mareva proprietary injunction on grounds of delay in prosecution, unclean hands and material non-disclosure – application for striking out for nullity when plaintiff commencing action as “intended administrator” without grant – application for setting aside Order 15 rule 6A carry on order – application for disallowance of Order 20 rule 1 amendment of writ to rescue nullity
High Court – claim for sole beneficial ownership by resulting trust / constructive trust of more than 10 properties held in names of family members, company shares and bank accounts held in joint names – misappropriation of funds in jointly owned bank accounts
High Court – beneficial owner’s action for wrongful inducement / procurement of breach of trust and lawful and unlawful means conspiracy to injure – application for injunction restraining use of a statutory declaration
High Court – landlord’s action against tenant and tenant’s licencees for breach of tenancy agreement – landlord’s action for recovery of rent and possession
High Court – claim for sole beneficial ownership by part performance / constructive trust / proprietary estoppel of properties held in names of former spouse’s late father
High Court – application for order for sale under Partition Ordinance (Cap. 352) ss2, 4, 6 – beneficiary of deceased co-owner’s estate counterclaiming for estoppel giving rise to a life interest – deceased co-owner’s estate counterclaiming for sole beneficial ownership by resulting / constructive trust
High Court – defending claim for beneficial ownership and declaratory reliefs for nullity of severance notices – Official Solicitor as guardian ad litem of Defendant
High Court – application for Order 14 summary judgment for declaratory relief for adverse possession
High Court – third party’s claim for beneficial interest by way of resulting / constructive trust over a property co-owned by the bankrupt
High Court – application for Order 15 rule 6A carry on order – application for vesting order under Trustee Ordinance (Cap. 29) s45
High Court – vendor purchaser summons – proof and showing good title – restriction on alienation of Home Ownership Scheme property under Housing Ordinance (Cap. 283) s17B – restriction not applicable for delivery of assignment deed being “subject to” to condition of lifting the alienation restriction
High Court – defending common law derivative action for and on behalf of a property holding company for mixed contractual and proprietary claims – breach of consent order – plaintiff’s locus standi – reflective loss
District Court – application for order for sale of property solely owned by deceased’s estate under Partition Ordinance (Cap. 352) ss2, 4, 6
Succession, Probate & Administration 遺產繼承、遺囑認證與遺產管理
High Court – executor’s probate action for pronouncement of will in solemn form – injunction restraining interference with enjoyment of landed properties in the deceased’s estate
Acting for caveators / persons warning / executors / administrators / beneficiaries / interested parties – contested application for grant of probate / letters of administration – ex parte application for grant under NCPR (Cap. 10A) Rule 29
Contract & Tort 合約與侵權
High Court – ex-employee claiming HK$169 million bonus payment against former employer – variation of employment contract – breach of implied term not to avoid bonus payment
High Court – defending creditor’s action for recovery of loans and liquidated damages HK$68 millions – defence of duress and undue inference
High Court – defending interior design company’s action for outstanding payment for renovation and decoration fees – counterclaim for defective renovation works – expert evidence on quality of renovation works
High Court – defending claim against officers of a charitable organisation and unincorporated association for breach of duties
High Court – defending action for fraud and unlawful means conspiracy to injure – application for indemnity costs for discontinuance of fraud claim – opposing appeal to judge against master’s decision
High Court – defending claim for breach of escrow contract, security fraud and fraudulent misrepresentation
District Court – recruitment service provider’s action for payment of placement fees
Civil Fraud & Asset Recovery 民事欺詐與資產收復
High Court – ex parte Mareva proprietary injunction – international fraud involving more than 80 defendants – defending claim for fraud, knowing receipt and unjust enrichment and accessory liability – application for stay of proceedings under Order 12 Rule 8(2) / principle of forum non-conveniens – application for discharge of ex parte Mareva proprietary injunction on grounds of delay and material non-disclosure
High Court – ex parte Mareva proprietary injunction – international fraud involving more than 80 defendants – defending claim for constructive trusts imposed for fraud, knowing receipt and unjust enrichment – bona fide purchaser defence
High Court – ex parte Mareva proprietary injunction – defending claim for constructive trusts imposed for fraud – unjust enrichment – bona fide purchaser defence
High Court – email scam – locus standi of true payee to bring action – defrauded victim’s application for ex parte Mareva proprietary injunction – defrauded victim’s claim for constructive trusts imposed for fraud and unjust enrichment – application for bank disclosure order
High Court – email scam – defrauded victim’s application for ex parte Mareva – defrauded victim’s claim for constructive trusts imposed for fraud and unjust enrichment
Building Management 大廈管理
Court of Appeal – building management – breach of DMC by conversion of common parts – defence of waiver and acquiescence – declaratory and injunctive relief granted to one co-owner against another in respect of alterations to and conversion of common parts of building contrary to deed of mutual covenant and statute – sufficiency of pleaded factual basis for waiver and acquiescence – exercise of discretion to refuse injunction for no damage or loss
Lands Tribunal – building management – defending action for breach of DMC, trespass and conversion of common parts under Building Management Ordinance (Cap. 344) s34I and DMC clause against nuisance – erection of signages and construction of glass wall – equitable defences of waiver and acquiescence
Lands Tribunal – building management – defending action for breach of DMC – manager’s liability for breach of implied covenant not to unreasonably withhold consent to structural alteration – striking out damages claim
Lands Tribunal – building management – defending action against former chairperson of the incorporated owners for breach of duties – individual owner’s locus standi to sue former IO chairperson – reflective loss – striking out for no disclosable cause of action – alternative application for Order 14A summary disposal on point of law
Court of Appeal – disputes among the incorporated owners and the owners – breach of duties on the part of the IO chairperson – good faith defence for management committee member under Building Management Ordinance (Cap. 344) s29A
Personal Injuries & Employees’ Compensation 人身傷亡與僱員補償
Court of Appeal – opposing joinder application of Employees Compensation Assistance Fund Board under Employees Compensation Assistance Fund Ordinance (Cap. 365) s25A(a) and Order 15 rule 6 – default judgment already entered against employer – ECAFB not contesting liability against employer
District Court – defending employees’ compensation claim against principal contractor out of time – applicant’s reasonable excuses for delay – Employees’ Compensation Ordinance (Cap. 282) s14(1) – Order 15 rules 4, 6(5)(a), 6(6)
District Court – action by a customer for negligence and occupier’s liability against Café Landmark for tripping over a partition structure
Miscellaneous Interlocutory Proceedings 雜項非正審程序
High Court – failure to provide further and better particulars in breach of unless order – interpretation of unless order – enforcement of unless order – striking out defence and counterclaim
High Court – defending action for fraud and unlawful means conspiracy to injure – application for security for costs – application for indemnity costs for discontinuance of fraud claim
High Court – opposing application for further and better particulars of the defence and counterclaim
District Court – overseas victim of fraud opposing application for security for costs
District Court – opposing application for further and better particulars
Criminal Law 刑事法
High Court – possession of prohibited weapons – application for a certificate that the decision in the case involved a point of law of great and general importance
High Court – Court of First Instance (appellate jurisdiction) and Magistracy (trial) – appeal against conviction and sentence – possession of prohibited weapons – wolverine claws – interpretation of meaning of “a bladed or pointed weapon designed to be used in a fashion whereby the handle is held in a clenched fist” under Weapons Ordinance (Cap. 217) Schedule – opposing calling of police officer as weapon expert at trial – community service order appropriate for excepted offences to which suspension sentence does not apply
District Court – dangerous driving causing grievous bodily harm – community service order appropriate for dangerous driving cases involving death
District Court – sentencing for trafficking in dangerous drugs
Magistracy – acting for employer – failure to take adequate steps to prevent a person from falling from a height of 2 metres or more – failure to ensure that suitable and adequate safe access to and egress from a place of work
Magistracy – joint charge of loitering causing concern
Magistracy – soliciting for an immoral purpose – controlling persons for prostitution purpose – trafficking in dangerous drugs
Disciplinary Proceedings 紀律聆訊
Acting for a registered social worker in disciplinary proceedings
Acting for a police officer in disciplinary proceedings
Advice 法律意見
Mainland-Hong Kong cross-border commercial disputes, cross-border investment and joint ventures, cross-border asset-tracing and recovery, cross-border debt recovery, fraud investigations, civil fraud and asset recovery, company law matters and shareholder disputes, liquidation, matters under Securities and Futures Ordinance (Cap. 571), commercial contracts, property ownership disputes (including disputes concerning Chinese customary trusts), land conveyancing disputes, adverse possession, building management, probate and administration, matters under Mental Health Ordinance (Cap. 136), matters under Prevention of Bribery Ordinance (Cap. 601), employment disputes, personal data privacy, defamation, tort of harassment and intimidation, personal injuries, disciplinary proceedings, administration and management of schools and social welfare agencies, election law matters, judicial reviews for unconstitutionality etc.