Lincoln Cheung     張靈勤大律師

Professional Qualifications

Call (Barrister-at-Law): 2010 (HK)

CEDR Accredited Mediator

MCIArb – Member of Chartered Institute of Arbitrator (UK)

HKIAC / HKMAAL Accredited General Mediator

Appointments

Chairman, Appeal Tribunal Panel, s.45 Building Ordinance (Cap.123) (2018-2021)

Member, Standing Committee on Bar Insurance (2016-present)

Member, Standing Committee on Professional Development (2016-2017)

Education

2007:    LLM in International Economic Law, The Chinese University of Hong Kong

(Dean’s List, Scholarship for Academic Excellence & 1st in Principles of IP Law)

2006:    LLB, University of London (External/International Programme)

2003:    MSc in Financial Management, University of London (External/International Programme)

2001:    BSocSc in Economics, Finance & Sociology, University of Hong Kong

1998:    Diocesan Boys’ School

Practice Profile

Lincoln’s practice comprises litigation and advisory work in various civil matters, with particular emphasis on commercial dispute and dispute over ownership of land and family property. He is also experienced in liquidation proceedings and company matters, having represented clients in winding up proceedings and shareholders disputes. He is regularly instructed to appear in court and has appeared at all levels from Tribunals to the Court of Final Appeal. In addition to court proceedings, Lincoln has involved in arbitrations and enforcement of arbitral award. Besides, Lincoln has been instructed to advise companies in relation to IPO and listing matters (Main Board & GEM) and represented clients in proceedings brought under the Securities and Futures Ordinance.

Before Lincoln was called to the Bar, he had worked in various financial institutions including the Goldman Sachs (Asia) LLC and the Bank of China (HK) since 2001. He was a Legal Trainee (Barrister) of the Department of Justice (DoJ) and upon the completion of his pupillages, Lincoln joined Tower Chambers in 2010.

Selected Cases

Company/ Commercial /Contract

周軍英 v 樊少皇 & Anor [2018] HKCFI 2837(Appeal against Judgment on Dishonoured Cheque)

Re Sunni International Ltd (In Liquidation) [2018] HKCFI 2371 (led by John Scott QC SC JP)

Yanfull Investment v Datuk Ooi Kee Liang (2017) 20 HKCFAR 493 (CFA – led by Mr. Kenny Lin)

Re Health Links Development Limited [2018] HKCFI 1703 (Winding Up/Trust –Unfair Prejudice)

Re Man Lung Textiles Ltd [2018] HKCA 521 (CA – Winding Up – Locus/Striking Out)

Bruno Arboit v Koo Siu Ying [2016] 3 HKLRD 154 (Civil Contempt – led by Adrian Huggins QC, SC, Peter Duncan SC & Richard Khaw SC)

Re Ling Fung Coach and School Service CACV64/2015 (CA – Winding Up/Trust – Unfair Prejudice)

Zhang Yuzhen v Yang Yuexiang HCA 157/2015 (Derivative Action – led by Mr. Kenny Lin)

Guo Shun Kai v Wing Shing Chemical Co Ltd HCCT 35/2012 (Enforcement of Arbitral Award)

H&M Hennes & Mauritz AB v H&M GMBH HCA1946/2008 (Passing-off)

 

Family/ Family Dispute

QMY v GSS (2017) 20 HKCFAR 303 (Guardianship of Minors Ordinance – led by Mr. Kenny Lin)

Cheng Koon Hoi v Cheng Koon Ming HCA 2222/2012 (CFI)

Chau Pui Ngai v Chau Pui Fung HCA 298/2017 (CFI)

WMT v RMD FCMC 11727/2012 (Matrimonial – MPS)

 

Personal Injuries

Liu Weiguang v Li Keng Ko & Anor [2019] HKDC 1745 (Trial – Assessment of Damages)

Lau Siu Ming v Hung Fat Cleaning Transportation Co Ltd DCPI 377/2015 (Disapply Limitation Period)

Ng Chi Wai v Hoi Fu Engineering Co DCPI 1963/2012 (Striking Out on the Ground of Settlement)

 

Probate/Land/Tenancy Dispute

Lai Chi Keung v Ho Siu Fong HCAP 21/2019 (Grant of Letter of Administration/Validity of Customary Marriage)

Cedric Hervey Ong v Wong Suk Lin & Ors [2018] HKCFI 2040 (Adverse Possession)

Zhang Xinqiang v Cheung Shui Cheung HCAP 8/2013 (Probate/Revocation of Grant – Ownership)

Chan Ka Hay and Others v Sino Favour Development Ltd. HCA 2457/2008 (Repossession of Land)

Bright Success Properties Ltd v Dias HCMP 1944/2014 (Repossession of Land)

 

Tax

Re a Company Profit Tax Appeal – Case D11/14 (Tax Appeal – Board of Review (IRO))

Re a Company Profit Tax Appeal – Case D21/14 (Tax Appeal – Board of Review (IRO))

 

Public Law/Election Law

Leung Wai Kuen Edward v SJ HCMP 1321/2012 (Constitutional – Election – Relief Application)

Wong Tak Chuen Joe v Wong Tat Tung HCAL 6/2012 (Constitutional – Election Petition)

 

International Arbitration

Arbitration of a contractual dispute concerning shares transfer and land use rights in PRC between a HK listed company group and a company holding WOFE. (HK governing law, HKIAC Rules)

Arbitration of a contractual dispute between a PRC state-owned logistics group and a US reseller of flooring products. (HK governing law, HKIAC Rules)

Arbitration of a contractual dispute between a PRC private company and a Hong Kong iron ore trading company. (HK governing law, HKIAC Rules)

Mediation Experience

Lincoln has been instructed as mediator and handled various types of disputes, such as banking and finance, contract, commercial, company, property and personal injuries.

Publications

2017:   Editor, Practical Guidance – Know-how & Trade Secrets HK (LexisNexis)

2017:   Contributing Editor, Butterworth HK Copyright Law Handbook (4th Ed.) (LexisNexis)

2014:   Contributing Editor, Halsbury’s Laws of HK 2nd Ed. (Vol.33) – Intellectual Property