Dan Leung
梁 丹 大 律 師

Call: 2017

Tel: 2155 9343
Fax: 2155 9323
Mobile: 9611 9166
E-mail: dan@erikshum.com

Secretary: Ms Hannah Ho

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Dan has a predominantly civil and commercial practice with experience in specialist areas including contracts, company and shareholder disputes, insolvency, securities, land, building management, construction, trusts and probate, and fraud recovery and asset tracing. Dan also advises on and acts in arbitration matters, proposed listings, commercial crime cases, and HKEX, SFC, and ICAC matters.

Dan regularly acts for and against multinational corporations, foreign/ cross-border entities, listed companies, and high net worth individuals in complex and high value disputes.  He has a proven track record of handling cross-border civil and commercial disputes involving entities or individuals from Mainland China, and has served as an expert to provide opinions on Hong Kong law to Mainland courts and tribunals. Dan appears in all levels of court for trials and hearings, including as sole advocate in appellate courts and prosecuting or defending cases on behalf of the Government of HKSAR.  Dan is a contributing author to the Lexis® Practical Guidance (Corporate).

梁丹大律師的主要執業領域為商業合規和民商事爭議解決,且在合同法、公司法(包括股東糾紛及公司清盤)、證券法、土地及建築法、信託及遺產事務和民事及商業欺詐等專業領域具豐富經驗。梁大律師擅長處理跨境強制執行及資產追索,亦經常處理仲裁案件、公司上市計劃、商業犯罪案件、聯交所調查案件以及有關證監會和廉政公署的案件。

梁大律師的法律服務對象包括跨國公司、外國及跨境實體、上市公司和高淨值資產人士,並且經常參與涉及中國大陸的實體或個人的跨境民事糾紛和訴訟。梁大律師亦曾多次針對內地訴訟向內地法院提供香港法律意見。梁大律師會在各級法院出席審判和聆訊,包括以獨任代理人身分參與原訟法庭及上訴庭的聆訊,以及代表香港特別行政區政府、香港警務處、香港消防處、香港懲教署等政府部門作公訴人檢控工作或出席審訊。梁大律師是律商商法實踐指引的貢獻作者。

EDUCATION

PCLL, The University of Hong Kong
LLB in Laws, London School of Economics and Political Science
IBDP, Diocesan Boys’ School

SELECTED CASES AND PRACTICE AREAS

Enforcement and Asset Recovery
● Enforcement of mainland / foreign judgments and arbitral awards (with enforcement amounts exceeding $960 million in a single case)
● Successfully resisting an application to set aside leave to enforce an arbitral award and obtaining indemnity costs 宁波梅山保税港区和光泰润二号股权投资中心(有限合伙) v. 北京微影时代科技有限公司 [2024] HKCFI 2723
● Successful representation for creditors within the China Huarong Group in highly contested bankruptcy proceedings (involving sums exceeding HK$650 million) Re Allan Yap [2020] HKCFI 1946 and leading the winding-up proceedings of a company listed on the main board of the HKSE Re Master Glory Group Ltd [2020] HKCFI 1141
● Successful representation for creditors in contested winding-up proceedings: Re Pacific Ocean Marine Ltd [2021] HKCFI 2812
● Mareva injunctions (Domestic/Worldwide/Chabra jurisdiction)
● Urgent injunctions to restrain the presentation of winding-up petitions and enforcement of judgments
● Successfully resisting highly contested winding-up proceedings
● Successful representation for a company listed on the main board of the HKSE in resisting a winding-up petition and in applying for validation orders
● Successful representation for a debtor company in staying execution of judgment

Advisory, Regulatory and Compliance
● Advising a Chinese policy bank, various Chinese banks, listed companies, and shareholders of listed companies
● Advising on proposed listings, SFC and HKEX investigations, syndicated loans, and Hong Kong law application in mainland proceedings
● Offering expert Hong Kong legal opinions for mainland litigation and arbitration
● Acting for listed companies and their authorized representatives in handling investigations by the Hong Kong Stock Exchange and the Securities and Futures Commission
● Advising on regulated activities under the Securities and Futures Ordinance, Cap. 571

Shareholders’ Disputes
● Advising and representing companies and listed companies and their shareholders in contentious shareholder disputes and various matters
● Successful representation for company in a shareholder dispute context: Lohas Holding Ltd v. The Registrar of Companies and Chien Yu Mei [2022] HKCFI 3358; [2022] 5 HKLRD 653; [2023] 1 HKC 296; [2022] HKCLC 1281 
● Successful representation for defendants in shareholder dispute cases and successfully terminating court proceedings

Civil and Commercial Fraud
● Successfully defending an appeal to the Court of Appeal on the court’s powers to stay proceedings and petitions: THY v. CHFR [2018] HKCA 240
● Successful representation for the defendant in a case involving bond and subscriptions and allegations of civil fraud (involving an amount exceeding HK$87 million)
● Successfully obtaining dismissals in favour of defendants in civil fraud cases
● Asset recovery following Norwich Pharmacal relief: Star Therapeutics, Inc v. Leabon Technology (HK) Ltd and Another [2021] HKCFI 1715; Minimax GmbH & Co Kg (Singapore Branch) v. Gopom Products Ltd and Another [2019] HKDC 760

Others
● Probate matters Lee Wai Hang v. Lam Pik Sin [2024] HKCFI 3357
● Land, property, and trust disputes, including prosecuting and defending claims of proprietary estoppel, promissory estoppel, adverse possession, ouster, agency, nuisance, and building mismanagement, etc.: Shun Pong Ltd v. Chan Koo Kai Felix And Another [2018] HKCFI 2628; Chan Mei Lin and Others v. Lee Hong [2018] HKCFI 2441; Fung Ping Fai v. Wong Fung Chu [2022] HKDC 1203; Ng Yuk Ngor v. Wong Tak Wah [2021] HKDC 1147; Lau Sau Ping v. The Incorporated Owners of Kam Shing Building [2023] HKDC 330
● Order 88 mortgage actions Stable Capital Strategy Limited v. Fung Fung and Another [2024] HKDC 1227
● Personal bankruptcy, garnishee proceedings, charging order proceedings, mortgage actions, order for sale proceedings, receivership, other legal and equitable execution, as well as general civil and commercial litigation and criminal defence