Benson Tsoi

Call 2007 (Hong Kong), 2005 (England & Wales)

LANGUAGES

English, Cantonese

CONTACT

T: +852 2840 1130
E: btsoi@parksidechambers.com

Secretary: Ms. Joyce Kwan
E: joycekwan@parksidechambers.com

Profile

Benson Tsoi of Parkside Chambers is active in all areas of the criminal law discipline and particularly well known for his defence of clients alleged to have been involved in organised or white-collar crime. He handles proceedings at both trial and appellate levels, and continues to build on his reputation as a highly active and well-respected courtroom practitioner, having appeared in several high-profile money laundering and fraud cases.

“Benson is the most respected criminal junior in Hong Kong, is exceptionally hard-working and makes excellent written submissions.”

“He’s the outstanding criminal junior here and is absolutely brilliant, with extraordinarily good judgement and unrivalled knowledge of the law.”

“He’s one of my favourites – an extremely bright advocate.”

–Chambers & Partners,Greater China, 2024, (White Collar Crime, Star Individual) 

“Benson is the leading junior at the Hong Kong Bar. Legally resourceful, a powerful advocate, and intensely committed in all he does.”

“Benson Tsoi is notable for his defence work regarding allegations of organised or white-collar crime, as is demonstrated by his representation of a defendant in HKSAR v Tsai Lu Chin Lin, and their subsequent acquittal of a wide conspiracy to commit money laundering under the pretence of international shipping and trading.”

– Legal 500 Hong Kong Bar 2024 (Regulatory, investigations and crime – Leading Juniors Tier 1)

“Benson is Hong Kong’s best criminal junior counsel”

 – Who’s Who Legal 2023 (Business Crime Defence – Individuals – Global Guide)

“Benson Tsoi of Parkside Chambers is active in all areas of the criminal law discipline and particularly well known for his defence of clients alleged to have been involved in organised or white-collar crime. He handles proceedings at both trial and appellate levels, and continues to build on his reputation as a highly active and well-respected courtroom practitioner, having appeared in several high-profile money laundering and fraud cases.

Strengths

“Benson Tsoi is particularly impressive. He prepares thoroughly and commands respect and admiration among his peers.”

“He is an exceptional barrister specialising in complex commercial crimes. What separates him from his peers is his ability to strategise defence, which is of paramount importance as most complex commercial crime cases are a hybrid of complicated facts and legal issues. Benson is able to identify, reinforce and highlight the key issues, whilst also spotting weak links in the prosecution case, on which he prepares waves of attacks with solid legal arguments.””

– Chambers and Partners 2023 (White Collar Crime – the Bar – Chambers Greater China Region)

“The top criminal junior in Hong Kong. Very knowledgeable and hard working.”

– Legal 500 Hong Kong Bar 2023 (Regulatory, investigations and crime – Leading Juniors Tier 1)

“Benson is a well regarded lawyer in this field and one of the leading juniors in Hong Kong”

 – Who’s Who Legal 2023 (Business Crime Defence – Corporates – Global Guide)

“Benson Tsoi is considered “Hong Kong’s top criminal junior” by commentators for his work on complex bribery, fraud and SFC-related issues.”

– Who’s Who Legal 2022 (Business Crime Defence and Investigations – Mainland China & HKSAR)

– (Ranked: (1) Thought Leader for GIR – Business Crime Defence (Individuals 2022 & 2023)

– (2) Thought Leader for Mainland China and HKSAR – Business Crime Defence (2023);

– (3) Recommended Global Leader for Business Crime Defence (Corporates 2022 & 2023);

– (4) Recommended Global Leader for Business Crime Defence (Individuals 2022 & 2023);

– (5) Recommended National Leader for Mainland China & Hong Kong SAR (Business Crime Defence & Investigations 2022).

“Benson Tsoi of Parkside Chambers is active in all areas of the criminal law discipline and particularly well known for his defence of clients alleged to have been involved in organised or white-collar crime. He handles proceedings at both trial and appellate levels, and continues to build on his reputation as a highly active and well-respected courtroom practitioner, having appeared in several high-profile money laundering and fraud cases. Interviewees identify him as a notably “strong senior junior for white-collar crime,” one opining: “I think Benson Tsoi is doing a very good job.”.”

– Chambers and Partners 2022 (White Collar Crime – the Bar – Chambers Greater China Region)

Leading Juniors Tier 1

– Legal 500 Hong Kong Bar 2022 (Regulatory, investigations and crime)

“He is the most outstanding junior practising in white collar crime in Hong Kong: highly intelligent, with great judgement and is able to deliver submissions that are lucid and compelling.”; “Benson Tsoi is one of the most in-demand juniors – he represented a former Reed Smith Richards Butler and Howse Williams partner who was acquitted of perverting the course of justice.”

– Legal 500 Hong Kong Bar 2021 (White Collar Crime – Leading Juniors Tier 1)

“Benson Tsoi of Parkside Chambers receives extensive praise for his diligence and is singled out by one source as “one of the most popular juniors at the white-collar criminal Bar.” Active in all areas of the criminal law discipline, he is particularly well known for his defence of organised and white-collar crime. He handles proceedings at both trial and appellate levels, and continues to grow his reputation as a highly active and well-respected courtroom practitioner, having recently handled several high-profile money laundering and fraud cases.”

– Chambers and Partners 2021 (White Collar Crime – Chambers Asia Pacific and Chambers Global)

“Benson Tsoi from Parkside Chambers is “an incredibly hard-working, diligent and responsive practitioner” who earns acclaim as “Hong Kong’s top junior” thanks to his first-rate work on white-collar crime disputes.”

– Who’s Who Legal 2021 (Mainland China & HK Business Crime Defence and Investigations)

“Benson Tsoi of Parkside Chambers is identified as an “exceptionally hard-working junior counsel” by one source, while another goes further, characterising him as “the most sought-after star at the junior end of the white-collar crime sphere and a man of outstanding ability.” A third contributor, speaking of his advocacy style, speaks of “a very light approach which masks real industry and knowledge.” His practice covers the full range of criminal matters, focusing principally on white-collar and organised crime, and he is particularly experienced in the handling of criminal cases with a cross-jurisdictional element.”

– Chambers and Partners 2020 (White Collar Crime – Chambers Asia Pacific and Chambers Global)

“Benson Tsoi of Parkside Chambers focuses his practice almost exclusively on white-collar crime matters, being particularly active where corruption, fraud and money laundering issues are concerned. Notable for the keenness with which solicitors’ firms seek to instruct him, he is identified by one interviewee as “the junior of choice in commercial crime matters,” the same source going on to observe that “he works extremely hard, is extremely articulate and knows the area better than anyone.” He acted as one of the counsel representing a client facing, in highly complex retrial proceedings, 17 counts of money laundering, the client being acquitted on all counts.”

– Chambers and Partners 2019 (White Collar Crime – Chambers Asia Pacific and Chambers Global)

“Benson Tsoi of Parkside Chambers stands out, in the opinion of his peers, as an “extremely able” junior and potential star of the future, interviewees describing him as “a creative thinker who can distinguish killer points from unarguable ones” and as someone “senior counsel fight to get on their side.” Practising almost exclusively in the white-collar crime sphere and particularly prominent in fraud and money laundering cases, he was a member of the team that represented billionaire Thomas Kwok in Court of Final Appeal proceedings concerning his earlier conviction for corruption.”

– Chambers and Partners 2018 (White Collar Crime – Chambers Asia Pacific and Chambers Global)

“Sources identify Benson Tsoi of Parkside Chambers as a leading junior barrister reporting: “He’s very successful and deservedly so; his written work is without parallel.” Commentators also testify extensively to his impressive work ethic, one observing: “He really does put his back into it.” His practice encompasses a comprehensive range of bribery and corruption, fraud and insider-dealing issues.”

– Chambers and Partners 2017 (White Collar Crime – Chambers Asia Pacific and Chambers Global)

“Benson Tsoi of Parkside Chambers is singled out for his adroit handling of diverse white-collar crime cases, including those with a cross-border element. His specialisms range from fraud and money laundering to bribery and corruption, and commentators observe that “he is hard-working and one of the top junior counsel in town”.”

– Chambers and Partners 2016 (White Collar Crime – Chambers Asia Pacific and Chambers Global)

Listed in the “Pre-eminent” category for Junior Counsel.

– Doyles Guide 2019 – 2023 (Leading Criminal Law Barristers – Hong Kong)

“Recommended” in Business Crime Defence, and Investigations.

– Who’s Who Legal 2021, 2020 (Business Crime Defence Ranking – Individuals 2021)

Benson was called to the Bar in the UK in 2005 (Lincoln’s Inn) and in Hong Kong in 2007. He practises in all areas of criminal law both at trial and appellate levels, with an emphasis on white collar and organised crime (often with a cross-border or international element).  He has been ranked by various legal directories including in Chambers & Partners for White Collar Crime, in Legal 500 for Leading Juniors in White Collar Crime, in Doyles Guide for Leading Criminal Law Barristers, in Who’s Who Legal for Business Crime Defence and in Expert Guides for White Collar Crime. He has been engaged to provide expert evidence to a Foreign Court concerning Hong Kong criminal law and procedure; he has also advised international corporations regarding potential criminal and regulatory liabilities under HK law.

He is a contributing editor of Archbold Hong Kong and an advocacy trainer for the HK Bar Association who has provided training in overseas jurisdiction. He was also a part-time lecturer at the University of Hong Kong on criminal procedure and was a member of the HK Bar’s Criminal Law & Procedure Committee.  His practice areas include:-

Practice Areas

White Collar Crime
Fraud
Money laundering
Bribery and corruption
SFC and Stock Exchange related offences
Offences against public justice
Industrial and Environmental offences
General Criminal Litigation
and related matters including:
  • Restraint and confiscation orders
  • Letter of Request and Mutual Legal Assistance matters
  • Extradition
  • Judicial Review

Appointments

  • Advocacy trainer for the Hong Kong Bar Association (since 2014)
  • Member of the Hong Kong Bar Criminal Law & Procedure Committee (2017)
  • Member of the Hong Kong Bar Pupillage Reform Committee (2011)
  • Part-time lecturer at the University of Hong Kong (criminal procedure) (2016-2018)

Scholarships and Prizes

  • Sir Thomas More Bursary Scholar of Lincoln’s Inn (2005)
  • Winner of the UK Inner Temple National Mooting Competition (2004)

Publications

  • Contributing editor of Archbold Hong Kong

Selected Cases

Offences against public justice
  • HKSAR v Andrew Lam Ping-cheung, Kevin Egan (2010) 13 HKCFAR 314
    Perverting course of justice
    for a solicitor charged with conspiracy to pervert the course of public justice (led by Clare Montgomery QC and Graham Harris SC).
  • HKSAR v Wong Chi Wai (2013) 16 HKCFAR 539
    Perverting course of justice
    for a barrister charged with attempting to pervert the course of public justice (led by Clare Montgomery QC and Graham Harris SC).
  • HKSAR v Kevin Bowers (perverting the course of justice)
    for a solicitor charged with two counts of to perverting the course of public justice (led by Graham Harris SC).
  • HKSAR v Lew Mon Hung (perverting the course of justice)
    in a stay application, for a defendant charged with attempting to pervert the course of public justice by writing to the Chief Executive and the Commissioner of the ICAC (led by Graham Harris SC).
Bribery and Corruption
  • HKSAR v Rafael Hui Si-yan & Ors (2017) 20 HKCFAR 264
    Bribery and misconduct in public office
    for a defendant charged with corruption and misconduct in public office offences involving the former Chief Secretary of Hong Kong (led by Clare Montgomery QC and Gary Plowman SC).
  • HKSAR v Xu Zhuo
    Bribery
    for an appellant charged with conspiracy to offer corrupt advantages involving the chartering of private jets (trial by Charlotte Draycott SC).
Fraud and Money Laundering
  • HKSAR v Lin Tzu-chia & Another (Conspiracy to commit money laundering) For a defendant extradited from Peru to HK under the United Nations Convention Against Corruption and charged with wide conspiracy to commit money laundering with 7 others – involving USD40million by using a network of 5 off-shore companies and transactions in different jurisdictions (including USA, UK, Australia, New Zealand, Nigeria, Taiwan and the Mainland) with 6 Hong Kong bank accounts and 13 Taiwan bank accounts to launder supposed proceeds of fraud allegedly – in the guise of international shipping and import and export trading.
  • HKSAR v Dayaram & Ors (Conspiracy to defraud by import and export loans)
    Acted for three of five defendants in a three months jury trial involving import and export bank trade loan frauds. Later acted for the remaining two defendants on appeal in the CFA (appeal led by Daniel Marash SC).
  • HKSAR v Wu Wing Kit & Anor [2017] 5 HKLRD 1
    Money laundering
    for a defendant charged with 17 counts of money laundering emanating from a listed company’s very substantial acquisition related to dairy farms in New Zealand and unexplained proceeds from the Mainland (led by Tim Owen QC).
  • HKSAR v Luan Gang & Another (Conspiracy to commit money laundering)
    for a defendant charged with two counts of conspiracy to commit money laundering emanating from smuggling activities of oil exploration vessels in the South China Sea and the transfer of those proceeds from the PRC to HK then to the USA (led by Charlotte Draycott SC).
  • HKSAR v Raymond Ng Chun To and Others [2013] 5 HKC 390
    Fraud and money laundering
    for a defendant charged with 17 counts of money laundering involving a multimillion derivative warrants trading scheme in Hong Kong and the Mainland (led by Michael Blanchflower SC and Graham Harris SC).
  • HKSAR v Hochong [2012] 1 HKLRD 207
    Conspiracy to commit money laundering
    for a director of an international corporate service provider charged with conspiracy with UK counterpart to deal with proceeds of crime (led by Michael Blanchflower SC).
  • HKSAR v Chen Keen & Ors (2019) 22 HKCFAR 248, [2019] 5 HKC 379
    Conspiracy to steal and conspiracy to defraud
    for a defendant charged with fraud and money laundering involving acquisition of dairy farms situated in New Zealand (led by Edward Fitzgerald QC, Clare Montgomery QC and Clive Grossman SC).
  • HKSAR v Hon Ming-kong & Ors (2014) 17 HKCFAR 727
    Conspiracy to steal and conspiracy to defraud
    for a former company director charged with various conspiracies involving false company transactions in Hong Kong and the Mainland (led by Michael Blanchflower SC and Peter Duncan SC).
  • HKSAR v Carson Yeung Ka-sing (money laundering)
    for a defendant charged with money laundering (led by Graham Harris SC).
  • HKSAR v Tse Sui Luen (TSL) and Others (2010) 13 HKCFAR 469
    Corruption, fraud and theft
    for a chairman of a listed company charged with conspiracy to offer advantages (bribery and corruption), conspiracy to commit false accounting, conspiracy to defraud, conspiracy to steal and substantive theft (led by Alun Jones QC and Graham Harris SC).
  • HKSAR v Barry Cheung Chun Yuen & Another (Conspiracy to defraud)
    for a defendant charged with conspiracy to defraud the Securities and Futures Commission on the financial position of the Mercantile Exchange (led by Graham Harris SC).
  • HKSAR v Lam Kit Wai and others (money laundering)
    for a defendant charged with money laundering of over HKD 1 billion involving cross-border transactions and use of multiple betting accounts at the Hong Kong Jockey Club.
  • HKSAR v Liang (Conspiracy to defraud)
    for a defendant charged with conspiracy to defraud through various connected acquisitions of Mainland companies at inflated values (led by Lawrence Lok SC, Graham Harris SC, Ian Lloyd QC).
  • HKSAR v Huang (conspiracy to defraud)
    for a defendant charged with conspiracy to defraud by using promissory note at the value of USD300m at an international bank (led by Wayne Walsh SC).
  • HKSAR v Lam (Insider dealing)
    for a defendant charged with insider dealing offence involving listed company acquisitions (led by Michael Blanchflower SC).
  • HKSAR v Lau (Bookmaking and money laundering)
    for a defendant charged with bookmaking and connected money laundering (led by Graham Harris SC).
Murder
  • HKSAR v Nancy Kissel [2014] 1 HKLRD 460
    Murder
    for the defendant on appeal against her murder conviction on a retrial (led by Edward Fitzgerald QC).
General Crime
  • HKSAR v Wong Cho Shing & Others (2020) 23 HKCFAR 153, [2019] 4 HKC 401
    Assault Occasioning Actual Bodily Harm
    for a defendant on appeal charged with assault by joint enterprise (led by Tim Owen QC, Clive Grossman SC).
  • HKSAR v Frankly Chu King Wai (2019) 22 HKCFAR 1, [2018] 6 HKC 229
    Assault Occasioning Actual Bodily Harm
    for a defendant on appeal charged with assault occasioning actual bodily harm (led by Charlotte Draycott SC).
  • HKSAR v Jerome Lau Ting Sing (Indecent Assault)
    for a defendant on appeal charged with indecent assault and criminal intimidation against various individuals (led by Michael Blanchflower SC).
  • HKSAR v Yan Shen [2012] 3 HKLRD 652
    Possession of firearms
    for a respondent on sentence review by Secretary for Justice for possession of firearms (led by Graham Harris SC).
  • Mir v Mir [2012] 1 HKLRD 671; [2013] 4 HKC 213
    Trespass to the person and deed set aside by duress
    Acted for a defendant in a case of physical duress which resulted in a deed of gift to be executed without proper consent.
  • HKSAR v Lai Kam Fat (2019) 22 HKCFAR 289, [2019] 6 HKC 293
    Conspiracy to traffic in dangerous drugs
    for the defendant on appeal to the CFA charged with conspiracy to traffic in cocaine (led by Osmond Lam).
  • HKSAR v Lee Wing Tai (misconduct in public office)
    Acted for a Post Office employee charged with misconduct in public offence for improper dealings with Post Office stationery.
Judicial Review and Administrative Law
  • Vallejos & Domingo v Commissioner of Registration (2013) 16 HKCFAR 45
    Foreign domestic helper right of abode in Hong Kong
    for the applicant who was a domestic helper seeking the right of abode in Hong Kong (led by Michael Fordham QC, Gladys Li SC and P.Y. Lo).
  • Nancy Kissel v Long-Term Prison Sentences Review Board [2018] 2 HKLRD 1270
    for the applicant in judicial review against the Board’s refusal to provide an indication of punitive period of the applicant’s life sentence. (led by Edward Fitzgerald QC).
  • Secretary for Justice v Persons unlawfully and willfully conducting themselves in any of the acts prohibited under paragraph 1(a) and (b) of the indorsement of claim HCA 2007/2019
    for the internet society in an application to discharge/vary an injunction prohibiting incitement of violence on the internet (led by Nigel Kat SC).
Commission of Inquiry / other tribunals
  • The Commission of Inquiry into the Construction Works at and near the Hung Hom Station Extension under the Shatin to Central Link Project
    for a construction company involved in the Shatin-Central Link Hung Hom Station Extension public inquiry.
  • Anti-Money Laundering and Counter-Terrorist Financing Tribunal
    for a Money Service Operator in an application to  review the law enforcement agency’s decision to suspend its MSO license under Cap 615.
Mutual Legal Assistance and Others
  • SJ v Tam Kit-I [2022] 2 HKLRD 310 (Restraint and Confiscation Orders)
    For the Respondent in an application to discharge a Restraint Order by operation of law under OSCO following the SJ’s application for confiscation order (led by Nigel Kat SC).
  • HKSAR v Chen Keen and others (2022) 25 HKCFAR 34
    For a defendant in an application to appeal to the CFA challenging the trial Judge’s refusal to stay proceedings on grounds of abuse of process (led by Tim Owen KC).
  • HKSAR v Chen Keen (Costs) [2022] 4 HKLRD 219
    For a defendant seeking trial costs of an aborted trial in the Court of Appeal which lasted for several months under s.4 of Costs in Criminal Cases Ordinance (led by Tim Owen KC).
  • Re M (India request for mutual legal assistance)
    for an individual involved in proceedings held in India in relation to the “Punjab National Bank fraud case” a fraud involving approx. USD1.4 billion (led by Wayne Walsh SC).
  • HKSAR v Luan Gang (Letter of Request obtaining evidence in the PRC)
    for the Defence in proceedings held in the People’s Republic of China on commission to obtain evidence for a criminal trial (led by Charlotte Draycott SC).
  • HKSAR v Chen & Ors (Letter of Request obtaining evidence in New Zealand)
    in a Defence application for a Letter of Request to take evidence on commission in Auckland New Zealand (led by Edward Fitzgerald QC and Clive Grossman SC).
  • HKSAR v TSL & Others (obtaining evidence in the USA)
    for the Defence in proceedings held in Los Angeles (USA) on commission to obtain evidence for a criminal trial (led by Graham Harris SC).
  • In Re Liang (Letter of Request to obtain evidence in the PRC)
    in a Defence application for a Letter of Request to take evidence on commission in the Mainland (led by Graham Harris SC).
  • In Re Rizvi (Foreign Restraint Order – Indonesia)
    for a respondent in mutual legal assistance restraint proceedings involving request from a foreign state to impose restraint order on local assets (led by Michael Blanchflower SC).
  • In Re Salem (Foreign Restraint Order – Egypt)
    for a respondent in mutual legal assistance restraint proceedings involving request from a foreign state to impose restraint order on local assets (led by Michael Blanchflower SC).
  • In Re Huang (Restraint Order)
    in an application to discharge a Restraint and Charging Order relating to proceeds of crime based on criminal proceedings in the Mainland (led by Michael Blanchflower SC).
  • HKSAR v Cheng (Confiscation Order)
    for a defendant in confiscation proceedings involving assets totalling over HK$100million located in different jurisdictions (led by Michael Blanchflower SC).
  • HKSAR v Wu Wing Kit & Anor [2016] 3 HKLRD 386
    Reporting restrictions
    for a defendant in an application to impose reporting restrictions on related appeal proceedings (led by Edward Fitzgerald QC and Clive Grossman SC).
Regulatory Law
  • HKSAR v Wong Kin Ming and Others (construction works causing injury)
    for construction company employees charged with authorising building works that caused injury to others. The case involved ground subsidence that occurred on Li Yuen Street East in Central (led by the late Alexander King SC).
  • HKSAR v Hip Hing Construction Company Limited (noise pollution)
    for a construction company charged with noise pollution offences (led by Clive Grossman SC).
  • HKSAR v Tang (failing to keep proper accounts)
    Acted for a director of a private company charged with failing to keep proper books of accounts.

Other Information

  • Member of the UK BAR Pro Bono Free Representation Unit (FRU) for Employment Tribunals (2005)
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