Ernest Ng
Call 2013 (Hong Kong)
LANGUAGES
English, Cantonese, Mandarin
CONTACT
T: +852 2840 1130
E: eng@parksidechambers.com
Secretary: Ms. Joyce Kwan
E: joycekwan@parksidechambers.com
‘Ernest’s advocacy is of high quality; he is consistently assertive and powerful in making oral submissions; he stands out from the peers of his seniority as his legal knowledge, advocacy, tactics and client-care skills are very well-balanced.’
– Legal 500 Hong Kong Bar 2023
‘Ernest is confident and his advocacy is succinct and to the point. He knows the strengths and weaknesses of a case inside out and can present the arguments with force, he never shies away from urgent instructions, even with substantial amounts of documents, and he is extremely easy to work with.’
‘Ernest is a bright barrister who can always deliver thorough research and persuasive argument, both written and orally. He is knowledgeable in public law and his quality of work is unquestionable.’
– Legal 500 Hong Kong Bar 2024
Ernest 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. He has been recognised as one of the leading juniors by Legal500 in both areas of commercial disputes, and administrative and public law.
He has experience in advising and appearing in cases concerning commercial and company disputes, land disputes and in particular on asset recovery litigations as a result of fraud or others misconducts.
He also has particular experience advising and appearing, on both sides, in public law matters involving constitutional questions, human rights, town planning, environment, taxation, 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. He also 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, International Laws Committee (Member: 2016 – Present; Chairman: 2021 – Present)
- Hong Kong Bar Association, Constitutional Affairs and Human Rights Committee (2012 – 2022)
- 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) (2015-2019); 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 (2016 – Present) (Contributor)
- The Annotated Ordinances of Hong Kong (Securities and Futures Ordinance (Cap. 571)) (2020 – Present) (Contributor)
- Butterworths Hong Kong Securities Law Handbook (7th ed., 2022) (Contributor)
- Halsbury’s Laws of Hong Kong (Vol. 44, 2023 ed.) “Rating”
Public Law (Constitutional and Administrative)
- Benver Company Ltd v Appeal Tribunal (Buildings) [2023] 2 HKLRD 1201 – Judicial review and constitutional challenge of appeal Tribunal’s procedural decisions
- Chui Majorie Che Ying v Appeal Tribunal (Buildings) [2022] 4 HKLRD 5 – Decision to serve a building order to a particular owner in a multi-storey building.
- Lantau International School Limited v Secretary for Education [2022] HKCFI 774 – Decision not to give support to an international school to develop a new secondary school in the Lantau Island
- Tomorrow Finances Ltd v Director of Fire Services [2022] HKCA 531 – Fire Hazards Abatement Notices issued against operators of mini-storage facility
- Kwok Cheuk Kin v Secretary for Justice [2021] 3 HKLRD 140 (CA) – Constitutionality of the Co-Location Arrangement at the West Kowloon Station for the Guangzhou-Shenzhen-Hong Kong Express Rail Link
- Kwok Cheuk Kin v President of the Legislative Council on behalf of the Legislative Council [2021] 1 HKLRD 1247 (CA) – Quorum of the Committee of the Whole Council of the Legislative Council
- Chan Ki Kau v Hong Kong Police Force [2020] 5 HKLRD 653 – whether effective system ensuring unique identification number or mark for police officers
- Chow Oi Ting Amy v Housing Authority [2020] 6 HKC 270 – Appeal Tribunal’s duty to give reasons
- Cheung Yuen Ni v Chief Executive in Council [2019] HKCFI 1290 – Roadwork concerning the Castle Peak Road; Environmental assessment under the Road (Works, Use and Compensation) Ordinance
- Deng Suet Yan v Housing Authority [2017] 4 HKLRD 73 (CA) – Appeal Tribunal’s Tameside duty / reasonableness of decision
- Kwok Cheuk Kin v Commissioner of Police [2017] 6 HKC 93 – ‘Public meeting’ under the Public Order Ordinance; locus stand of the applicant
- Ho Loy & Another v Director of Environmental Protection HCAL 21/2015 – 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 – Consultation on the selection of Chief Executive; interpretation of the “831” NPCSC Decision
- ST v Betty Kwan [2014] 4 HKLRD 277 (CA) – oral hearings in the adjudication of torture claims
- Applications for relief from penalties and/or disqualifications: See e.g. Lo Tak Ming v Secretary for Justice [2021] HKCFI 709; Chow Kam Kei v Secretary for Justice [2022] HKCFI 704
- Acted for applicants in challenging the issuance of search warrants and applying for urgent injunctive relief
Public Law (Regulatory, Taxation and Others)
- Miu Hon Kit & Others v The Stock Exchange of Hong Kong Limited [2020] HKCFI 675 – Disciplinary proceedings before the Listing Appeals Committee of the Hong Kong Stock Exchange
- Securities and Futures Commission v Cheng Chak Ngok [2018] 4 HKLRD 612 (CA) – Burden of proof in an inquisitorial tribunal; Insider dealing in the shares of a listed company in Hong Kong
- Securities and Futures Commission v CL Management Services (2016) 19 HKCFAR 611 – ‘holding out’ offence under s. 114 of the Securities and Futures Ordinance
- A v Securities and Futures Commission [2015] 1 HKLRD 47 – privileges against self-incrimination; parallel proceedings (Criminal and the Takeovers Panel)
- Re a Barrister (159/14) [2015] 2 HKLRD 150 – flagrant incompetence of counsel; scope of counsel immunity
- Cham Kam Ching John Barry v Commissioner of Police [2014] 4 HKLRD 263 – Search warrants against firm of solicitors; Legal Professional Privilege
- Re Mably [2013] 3 HKLRD 738 (CA) – ad hoc admission of overseas junior counsel for the trial of HKSAR v Rafael Hui & Others HCCC 98/2013
- Case No. D4/17 (2018-19) IRBRD 96 – Reference to third party statements after the assessment & whether assessment excessive by reason of an “omission”
- Case No. D16/20 (2021-22) IRBRD 163 – Whether acquisition or the subsequent disposal of a real property amounted to “trade”
- Case No. D31/19 – Whether profits arising in or derived from Hong Kong in the context of a branch office of an international group.
Asset Recovery
- The Yerrid Law Firm v Qianbaizi Trading Limited [2023] HKCA 788 – Illegality in the context of proprietary claim and unjust enrichment; the defence of ministerial receipt
- Pacific Rainbow International Inc v Shenzhen Wolverine Tech Ltd [2023] HKCFI 1292 – Trial on proprietary claim and unjust enrichment against multiple layers’ recipients
- RPB SA v Xinwangyi Trade Ltd [2023] HKCFI 120; [2022] HKCFI 2541 & [2021] HKCFI 1153 – Continuation of injunction and application for summary judgment against multiple layers’ recipients
- Holy AG v BMW Ltd [2022] HKCFI 798 – Application for summary judgment against second layers’ recipients
- Donald Sidney Dobkin v Huaada (HK) Ltd [2022] HKCFI 3032 – Application for summary judgment against second layers’ recipients
- R. Stahl Inc. v AJ Development Ltd [2021] HKCA 1093 (CA) – “Fraud Exception” under O. 14 Summary Judgment procedure.
- Solyda SRL v Wu Ge [2021] HKCFI 1825 – Application for summary judgment against second layers’ recipients
- Chan Lap Kit v Yushun Technology Ltd [2018] 1 HKLRD 192 (CA) – 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 of 2014 – Trial on proprietary claim and unjust enrichment against multiple layers’ recipients
- Other notable actions including: Banco Del Austra S.A. v Regal Prosper Trading Ltd HCA 477 of 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 of 2019; Asia Advisors Ltd v HK Bsin Yu Trading Co. Ltd etc.
Commercial Disputes
- Perpetual Wealth (Hong Kong) Limited v BE Solutions Co Ltd & Others HCCT 42 of 2021 – Trial and defence of construction action against allegations of fraudulent misrepresentation and conspiracy to defraud
- XY, LLC v Jesse Zhu [2023] HKCFI 1317 – Recovery action in aid of judgment in Canada for over C$8.5 million against a number of wrongdoers in Hong Kong.
- Agency for Policy Coordination on State Property v Batbold Sukhbaatar [2022] HKCFI 3322 – striking out proceedings against former Mongolian Prime Minister Batbold in relation to the Erdenet Mine in Mongolia.
- Agritrade Resources Ltd v Ashok Kumar Sahoo [2022] HKCFI 3126 – Resisting service out against listed company’s action against former CFO and ED claiming breach of duties in relation a power plant project in India in which P’s group invested US$123.1 million.
- Tsui Mei Yuk & Wong Sun Keung, the Joint and Several Liquidators of HMV Marketing Limited v Panorama Corporation [2022] HKCFI 260 – Defending allegation of unfair preference, misfeasance, breach of duties and breach of trust in the liquidation of the HMV retail and online stores operator.
- Re Masterveyor Holdings Limited, HCMP 2054 of 2021 & HCA 859 of 2021 – A series of applications for interlocutory injunction to restrain disposal of shares and/or use of funds in subsidiary’s account against the context of a series of actions in relation to the majority stake in Steering Holdings Limited (Stock Code 1826)
- Kader Industrial Co Ltd v Hop Shing Engineering & Construction Co Ltd HCCT 73 of 2020
- HZ Capital International Limited v China Vocational Education Co Ltd [2019] HKCFI 2705 – Setting aside of an Award on a dispute in relation to investments in educational institutions in PRC.
- Au Kai To Karel v End User Technology Ltd [2019] 1 HKLRD 943 (CA) – Trial and appeal on sale of shares of a listed company in Hong Kong
- Re Lucky Resources (HK) Ltd [2016] 4 HKLRD 301 – whether presentation of winding up petition constitute enforcement of an arbitration award
- Neo-Intelligence Holdings v Giant Crown Industries Ltd and Others HCA 1127 of 2017 – Application for stay in favour of arbitration
- China Rail Investment Group (Hong Kong) v Eternity Profit Investment HCA 701 of 2013 – Listed company defending dispute in relation railway investments in the PRC with a claim sum of HK$100 million and further damages
Property Disputes; Tort Actions
- Li Chun Bon v China Mobile Hong Kong Ltd [2023] HKDC 466 – Trial in respect of alleged trespass by antenna system set up by China Mobile Hong Kong Limited.
- Workwise Corporation v Ngai Ling Miu Emily [2023] HKDC 447 – Trial on adverse possession of agricultural lands.
- Siu Chiu Choi v Teng Hung Ping [2023] HKDC 52 – Trial on adverse possession of ponds and waters.
- Kowloon Development Finance Ltd v Chan Yu Ming [2022] HKDC 756 – Striking out writ of possession enforcement proceedings.
- Kwong Wai Hsien and Fund Lai Sheung v Incorporated Owners of Tai Wai Glamour Garden [2019] 5 HKLRD 672 (CA) – Trial on breach of fiduciary duties of an owners’ incorporation in the context of renovation projects.
- Tang Sau Lin v Youngfield Limited [2019] HKCA 903 – Adverse possession of airspace
- Carrie Woo v Lui Mo Doc [2018] HKDC 348 – Trial on trespass and nuisance as a result of Typhoon No. 10.
- Other adverse possession disputes – [2019] HKDC 325 (adverse possession of agricultural lands); [2019] HKDC 698, 699, 700 (adverse possession of common parts); DCMP 467/2013 (adverse possession of residential property); DCCJ 1736/2015 (adverse possession of industrial building common parts) etc.
