Joseph Kwan
Joseph Kwan

Joseph Kwan

Partner

LOCATION:
Hong Kong
DIRECT:
+852 2825 9324

Joseph Kwan

Partner

LOCATION:
Hong Kong
DIRECT:
+852 2825 9324


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Joseph is the head and leader of our Litigation and Dispute Resolution Department, which is one of the biggest litigation practices in Hong Kong. He is a very experienced and highly regarded lawyer who regularly helps clients to resolve disputes by providing legal advice with strategic insight.  For over 25 years of practice, he has represented clients in many substantial and/or high profile commercial litigations, SFC initiated proceedings and commercial fraud/bribery cases.

Joseph’s practice includes estate and trust matters, shareholders disputes, companies matters, listed companies investment disputes, cross border disputes and other types of complex litigation of substantial value.  Joseph and the team that he leads regularly advise clients on Regulatory investigations by the SFC, HKMA or the Stock Exchange. He also advises corporate clients and individuals in relation to bribery and fraud investigations.  His clients include Hong Kong listed companies, Fortune 500 companies, senior executives and Chinese families with significant investments in Hong Kong and overseas. He also regularly advises PRC based companies and their executives. 

Joseph acted for clients in a number of complex and high value disputes amongst members of prominent Chinese families with substantial assets.  These cases generated litigations over numerous issues in connection with for example the estate of the patriot of the family, discretionary trusts set up for the family members and/or shareholders disputes over family group of companies.

Advised a senior executive in one of the most high profile corruption cases in Hong Kong that was tried by jury in the High Court for over 6 months.

Represented a Fortune 500 technology company in a very complex disputes over the implementation of an IT solution. The case involves highly technical issues and a very substantial amount of documents.

Acted for a multinational petrol company in a High Court trial over an investment dispute.

Acted for an ex-senior executive of an American multinational financial services corporation in one of the biggest insider dealing cases in Hong Kong dealing with criminal prosecution and related civil proceedings.

Represented a banking client in an action against an international investment bank and others over the subscription of shares in a public listed company.

Represented a bank in dealing with credit card fraud case.

Dealt with a number of mis-selling cases involving complaints by bank’s customers, investigations by Regulators and internal compliance department as well as litigation to recover loss.

Acted for a number of banks in a large scale investigations by the SFC and HKMA in connection with the sale of mini-bonds.

Handled a number of cross border disputes, including acting for a listed company on a joint venture disputes in China, acting for a Hong Kong party in a High Court litigation in relation to a joint venture disputes over a property project in China, dealing with CIETAC Arbitration, PRC court proceedings and asset preservation orders in the PRC.

Acted for PRC clients in a dispute with a public listed company in Hong Kong over certain share options.

Represented a multi-national company in High Court trial in connection with a large scale employment disputes with former senior executives.

Over the years, Joseph represented main parties in high profile public inquiries in Hong Kong dealing with the inquiry itself and the related public relation issues.

Joseph also helped US firms in dealing with US Foreign Corrupt Practices Act (FCPA) investigations.

Handled a wide range of contentious insolvency matters including cases involving one of the biggest department stores and one of the oldest construction companies in Hong Kong.

Memberships

Member, The Law Society of Hong Kong

Member, Civil Litigation Committee of The Law Society of Hong Kong

For a period in 2017, Joseph was appointed and sat as a Deputy High Court Judge

For a period in 2010, Joseph was appointed and sat as a Deputy District Judge

Education

LLB, University of Birmingham

PCLL, University of Hong Kong

Articles & Publications

Clients’ Alert / Newsletter / Newsflash / Legal Update

SFC Relaunches its Enforcement Reporter, December 2016

SFC sets up eight specialised terms to investigate key risk areas, November 2016

Landmark ruling on “insider dealing” in respect of overseas listed securities, March 2016

A reminder for listed company substantial shareholders to comply with disclosure requirements, January 2016

No consent letter from JIFU – What it means for Financial Institutions, September 2015

Late amendments of pleadings disallowed by the Court of Appeal, January 2015

Intervention by the putative defendant in an application for leave to bring derivative action, September 2014

The New Government Guidelines on Gifts and Official Meals, April 2014

Can regulators require accounting firms to provide documents for investigations?, February 2014

Court of Final Appeal upholds judgment in SFC's favour in Tiger Asia Case, May 2013

Court of Final Appeal rules that Section 14(4) of the Prevention of Bribery Ordinance (Cap. 201) ("POBO") overrides the common law privilege against self-incrimination in respect of persons served with notices under section 14 of the POBO, December 2012

SFC obtains Compensation orders against former directors of listed companies, October 2012

Court of Appeal clarifies court's jurisdiction to grant orders to the SFC under Section 213 of the Securities and Futures Ordinance, April 2012

Pyramid Schemes Prohibition Ordinance, Jan 2012

The Bribery Act 2010 – Are you Ready?, June 2011

Common Questions on Litigation Dispute Resolution in Hong Kong (in Chinese), Jan 2011

Articles

“Proposed Amendment to Eradicate – Pyramid Schemes”, Hong Kong Lawyer, April 2011

Books

“Arbitration in Hong Kong” for the International Arbitration Review, published by the UK based Law Business Research Ltd.

Author of the chapter “Has the Litigation Culture Changed?” in the book “Civil Justice Reform – What has it achieved?” published by Hong Kong University, University College of London and Sweet & Maxwell, February 2011

Accolades

“Joseph Kwan is thoughtful, proactive and knowledgeable.” Asia Pacific Legal 500

Joseph is “a great lawyer who is commercially minded and well connected.” Chambers Asia Pacific

“Joseph Kwan is praised as a well-rounded commercial litigator.” Chambers Asia Pacific

“Joseph Kwan is a sound and proficient choice of solicitor.” Chambers Asia Pacific

Deacons’ regulatory practice has considerable expertise in anti-bribery, anti-corruption and insider dealing matters, an area where Joseph Kwan is highly regarded.  Asia Pacific Legal 500

Joseph Kwan is a key name for anti-bribery, anti-corruption and insider-dealing matters.  Asia Pacific Legal 500

Joseph has been consistently recognised by Asia Pacific Legal 500 as a leading individual in the Regulatory practice.

He has also been recognised as a leading individual in Chambers Asia Pacific for Dispute Resolution and Contentious Regulatory practices.

Joseph has also been awarded a Client Choice Award for Excellence in Dispute Resolution by International Law Office (2015).

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