Benson Tsoi

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

LANGUAGES

English, Cantonese

CONTACT

T: +852 2840 1130
E: benson.tsoi@parksidechambers.com.hk

Secretary: Ms. Joyce Kwan
E: joyce.kwan@parksidechambers.com.hk

Profile

“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 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 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 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 Global)

 

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 is ranked by various legal directories including in Chambers & Partners for White Collar Crime, in Who’s Who Legal for Business Crime Defence and in Expert Guides for White Collar Crime.

He is a contributing editor of Archbold Hong Kong and an advocacy trainer for the HK Bar Association. 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.

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
  • 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)
  • Sir Thomas More Bursary Scholar of Lincoln’s Inn (2005)
  • Winner of the UK Inner Temple National Mooting Competition (2004)
  • Contributing editor of Archbold Hong Kong
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 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).
Fraud and Money Laundering
  • 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.
  • 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 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 Chen Keen & Ors (Conspiracy to defraud and money laundering)
    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 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 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 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)
Others
  • HKSAR v Wong Cho Shing & Others (Assault by Joint Enterprise)
    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 (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 (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
  • 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).
Ancillary Matters
  • 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 and Others
  • 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.
  • Member of the UK BAR Pro Bono Free Representation Unit (FRU) for Employment Tribunals (2005)
Categories:
Clients:
Tags: