Ernest C Y Ng

Call 2013 (Hong Kong)

LANGUAGES

English, Cantonese, Mandarin

CONTACT

T: +852 2840 1130
E: ernest.ng@parksidechambers.com.hk

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

Profile

Ernest, a Bar Scholar (2012), has a focused practice on civil, public law and regulatory matters. He has appeared in all levels of Courts in Hong Kong and in administrative tribunals including the Inland Revenue Board of Review and the Market Misconduct Tribunal.

On his civil practice, Ernest has experience in advising and appearing in cases concerning commercial and company disputes, land disputes (particularly adverse possession matters) and personal injury litigation.

His has particular experience advising and appearing in judicial review in areas involving constitutional questions, human rights, town planning, environment, police power, regulatory and disciplinary matters. He also advises on public international law matters.

Prior to joining the Bar, Ernest read social sciences and law at the University Hong Kong with emphasis on international relations and public international law. He received his Master of Laws (International Law) with Class I Honours from the University of Cambridge under the supervision of Prof. James Crawford S.C. on the strength of his study in international constitutional law.

Ernest worked as an intern at the International Criminal Tribunal for the Former Yugoslavia in The Hague with HH Judge Liu and assisted in several landmark decisions during that period.

Practice Areas

Administrative and Public Law
Arbitration
Commercial Law
Constitutional Law
Compliance, Securities and Banking
Equity and Trusts
Public International Law
Private International Law
Land Law
Tax and Inland Revenue
Personal Injuries

Education

2012

LL.M. (International Law) (1st Cl.),
University of Cambridge

2011

P.C.LL.,
University of Hong Kong

2009

LL.B.,
University of Hong Kong

2007

B.Soc.Sc (Gov’t & Laws) (1st Cl.),
University of Hong Kong
  • Member, Chartered Institute of Arbitrators (MCIArb)
Appointments
  • Hong Kong Bar Association, Constitutional Affairs and Human Rights Committee (2012 – Present)
  • Hong Kong Bar Association, International Laws Committee (2016 – Present)
  • Hong Kong Bar Association, Young Barristers Committee (2012 – 2017)
  • Hong Kong Bar Association, Executive Council (2013 – 2015)

 

Academic Appointments
  • University of Hong Kong, Faculty of Law, Lecturer (Public International Law) (2015-Present); Administrative Law (2018-Present)
  • University of Hong Kong, Faculty of Law, Tutor (Administrative Law) (2015-2016); Constitutional Law (2018-Present)
  • University of Hong Kong, Faculty of Law, Tutor (International Humanitarian Law Moot) (2014-Present)
  • Bar Scholarship (2012)
  • Charles Ching Scholarship (2012)
  • Elizabeth Mabel Burnett Prize, Hughes Hall College, University of Cambridge (2012)
  • Sir Richard May Trust Fund (2010)

Hong Kong Civil Procedure (original author of the commentaries to the Interpretation and General Clauses Ordinance (Cap. 1) (2016 – Present)

Constitutional and Administrative Law

  • Leung Chung Hang, Sixtus v President of Legislative Council [2019] 1 HKLRD 292  (led by Mr. Philip Dykes SC and with Mr. Anson Wong and Mr. Geoffrey Yeung) – Constitutionality of the Co-Location Arrangement at the West Kowloon Station for the Guangzhou-Shenzhen-Hong Kong Express Rail Link
  • Deng Suet Yan v Housing Authority [2017] 4 HKLRD 73 – Tameside duty / reasonableness of decision of the Housing (Appeal) Panel.
  • Kwok Cheuk Kin v Commissioner of Police & Another [2017] 6 HKC 93 ‘Public meeting’ under the Public Order Ordinance; locus stand of the applicant
  • ST v Betty Kwan [2014] 4 HKLRD 277 (led by Mr. Nigel Kat SC) – oral hearings in the adjudication of torture claims
  • Chow Oi Ting Amy v Housing Authority [2020] HKCFI 1163 – Appeal Tribunal’s duty to give reasons
  • Tomorrow Finances Limited v Director of Fire Services [2019] HKCFI 3025 (with Mr. Lewis Law) – Fire Hazards Abatement Notices issued against operators of mini-storage facility
  • Kwok Cheuk Kin v Director of Public Prosecutions and Secretary for Justice [2019] HKCFI 2215 (with Ms Ivy Ho) – Decision not to prosecute former Chief Executive
  • Kwok Cheuk Kin v President of the Legislative Council on behalf of the Legislative Council [2019] HKCFI 1482 (with Mr. Jeffrey Tam) – Quorum of the Committee of the Whole Council of the Legislative Council
  • Cheung Yuen Ni v Chief Executive in Council [2019] HKCFI 1290 (sole counsel (leave); led by Mr. Anson Wong SC (substantive application)) – Roadwork concerning the Castle Peak Road; Environmental assessment under the Road (Works, Use and Compensation) Ordinance
  • Mo Kwan Tai v The Council of the University of Hong Kong HCAL 17/2017 (leave granted on paper) – Right to participate in public affairs; Tameside duty of the Council of the University of Hong Kong
  • Ho Loy & Another v Director of Environmental Protection HCAL 21/2015 (led by Mr. Nigel Kat SC) – Environmental Impact Assessment of the Third Runway of the Hong Kong International Airport
  • Leung Lai Kwok Yvonne v Chief Secretary for Administration HCAL 31/2015 (led by Mr. Anson Wong SC and with Mr. Martin Kok) – Consultation on the selection of Chief Executive; interpretation of the “831” NPCSC Decision
  • Chan Kam Chuen & Others v Director of Lands HCAL 145/2014 (with Mr. Hectar Pun) – Liantong / Heung Yuen Wai BCP; extension of time.
  • Acted for applicants in challenging the issuance of search warrants and applying for urgent injunctive relief

Regulatory and Compliance

Tax and Inland Revenue

  • Case No. D4/17 (2018-19) IRBRD 96 (Inland Revenue Board of Review) – Reference to third party statements after the assessment & whether assessment excessive by reason of an ‘omission’ under  s.70A of the Inland Revenue Ordinance

Arbitration

  • Re Lucky Resources (HK) Ltd [2016] 4 HKLRD 301 – whether presentation of winding up petition constitute enforcement of an arbitration award
  • HZ Capital International Limited v China Vocational Education Co Ltd & Others [2019] HKCFI 2705 – Setting aside of an Award on a dispute in relation to investments in educational institutions in PRC.
  • Neo-Intelligence Holdings v Giant Crown Industries Ltd and Others HCA 1127/2017 – Application for stay in favour of arbitration

Commercial Disputes; Asset Tracing

  • Au Kai To Karel v End User Technology Ltd [2019] 1 HKLRD 943 (Court of Appeal); [2017] HKCFI 1723; HCA 170/2015 (High Court) – Trial and appeal on sale of shares of a listed company in Hong Kong
  • Chan Lap Kit v Yushun Technology Ltd [2018] 1 HKLRD 192 (Court of Appeal); [2018] 3 HKC 346 (District Court) – Tracing enquiry into multi-currency account & jurisdiction of Court of Appeal in limited leave to appeal situation
  • B.R. CAT International Co. Ltd v Hong Kong Proof Import and Export Trading Co Ltd & Others HCA 1023/2014 – Trial on recovery of assets lost as a result of cyber fraud; defence of bona fide purchaser for value without notice
  • Banco Del Austra S.A. v Regal Prosper Trading Ltd HCA 477/2015
  • Heuft Ltd v Yun Tongda Electronic Commerce Ltd HCA 1066/2019
  • Junson Development International Limited & Another v ZFT Trading Co. Limited & Others HCA 1781/2019 etc.
  • R Stahl Inc v AD Development Limited HCA 1412/2019 etc.
  • China Rail Investment Group (Hong Kong) v Eternity Profit Investment and another HCA 701/2013
  • Guandong Yuehe Investment Holdings Co Ltd v Hongfan International Ltd HCA 38/2017
  • Cosimo Borrelli as Trustee of SFC Litigation Trust v Allen Tak Yuen Chan & Others HCMP 1987/2016
  • Zhang Yuzhen v Yang Yuexiang & Others HCA 157/2015

Land; Property Disputes

  • Kwong Wai Hsien and Fund Lai Sheung v Incorporated Owners of Tai Wai Glamour Garden [2019] 5 HKLRD 672 – Interpretation of DMC; Trial on breach of fiduciary duties of an owners’ incorporation
  • Tang Sau Lin v Youngfield Limited & Others [2019] HKCA 903 – Adverse possession of airspace
  • Actions on land adverse possession: e.g. Chan Wing Go v Incorporated Owners of Wing Hong Factory Building DCCJ 1736/2015 (industrial; common parts); U Po Chu v Tsang Pui Ling & others DCMP 467/2013; HCMP 2795/2016 (residential); Chiu Suet Ying; Lau Sang; Ho Man Yuen v The Incorporated Owners of Kiu Yu and Kiu Fat Mansion [2018] HKDC 698, 699, 700 (common parts); Honeynut Limited v Ng Yau Ching & another [2019] HKDC 47 (adjoining lands); Chan Lin Wing v Chau Chung Leung [2019] HKDC 325 (agricultural lands).
  • Ip Wai Hung & Another v Ip Wai Lam, Ralph HCA 225/2018
  • Carrie Woo v Lui Mo Dock [2018] HKDC 977; [2019] HKDC 348

Legal Profession

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