Main set | Annex 1318
 
 

Jean-Paul Wou

Call  2002
E-mail: wouj@alsc-chambers.com

Qualifications
Barrister-at-Law
M.Com (Finance)
Chartered Accountant (Aust)
FHKIArb, FCPA, AACS

Award
Middle Temple Scholar (2002)

 

APPOINTMENTS
Member, Insider Dealing Tribunal - 2005 - Date
Member, Obscene Articles Tribunal - 2004 – Date
Member, Professional Conduct Committee, HKICPAs - 2009 – 2011
Deputy Chairman, Professional Conduct Committee, HKICPAs - 2012 – Date

PRACTICE

Jean-Paul (‘JP’) specialises in commercial, companies, securities and commercial crimes litigation. He brings a wealth of industry knowledge and commercial experience to his practice. Prior to practising at the Bar, JP had gained over 18 years of commercial and investment banking experience in Asia. He was previously COO (Foreign Exchange and Fixed Income) at UBS AG and Regional Financial Controller (RSD) at Standard Chartered Bank.

JP’s civil practice focuses on commercial dispute resolution, involving inter alia Contract, Sales of Goods, Insolvency, Debt Restructuring, Capital Reduction, Securities, Listing Rules, IPO Sponsorship, SFC’s Licensing, Intellectual Property, Employment, Family, Land and Rates as well as Judicial Review.

JP advises and defends Chairmen and senior executives of listed companies facing charges of fraud and corruption by the CCB and ICAC, as well as leading securities houses, their responsible officers and licensed representatives facing criminal and disciplinary prosecution by the SFC.

JP appears at all levels of Courts in Hong Kong as an advocate. He also advises and advocates in commercial arbitration. In addition, he sits as a member of the Insider Dealing Tribunal and the Obscene Articles Tribunal.

NOTABLE CASES

Civil and Companies Litigation

HCMP 2097/05 – Advised and obtained Court’s sanction of a Hong Kong listed company’s capital reduction programme involving cancellation of the Company’s entire Share Premium of HK$ 207+ million and elimination of Accumulated Losses of HK$ 146+ million and creation of a special capital reserve account of HK$ 60+ Million under ss. 58 to 61 of Companies Ordinance, Cap. 32

HCMP 909/06 – Advised and obtained Court’s sanction of a Hong Kong listed company’s capital reduction programme involving cancellation of the Company’s entire Share Premium of HK$ 939+ million and elimination of Accumulated Losses of HK$ 938+ million and creation of a special capital reserve account of HK$ 0.9+ Million under ss. 58 to 61 of Companies Ordinance, Cap. 32

HCMP 559/10 – Advised and obtained Court’s sanction of a Hong Kong company’s capital reduction programme involving repayment of excess capital of HK$ 500 Million to foreign shareholder under ss. 58 to 61 of Companies Ordinance, Cap. 32

HCMP 2042/11 – Advised and obtained Court’s sanction of a Hong Kong listed company’s capital reduction programme involving cancellation of the Company’s Share Premium by HK$ 2,953+ million and elimination of Accumulated Losses by the same amount under ss. 58 to 61 of Companies Ordinance, Cap. 32

HCMP 733/10 – Advised and obtained Court’s sanction of a Hong Kong listed Bermudan company’s Scheme of Arrangement involving capital reorganization, capital reduction, subscription of new shares, debt restructuring of HK$ 55+ million and group reorganization under s. 166 of Companies Ordinance, Cap. 32 ….

HCCW 648/06 – Advised and obtained Court’s order staying winding up proceedings of Hong Kong listed Bermudan company and releasing liquidators thereof under ss. 190, 205 and 209 of Companies Ordinance, Cap. 32 …

Minority shareholder’s disputes – Advised and negotiated for settlement by way of share buy-back…

Arbitration – Advised and obtained arbitral award for payment of goods sold and delivered by Hong Kong listed company and advised on enforcement of the Award in the PRC….

Arbitration – Advised and obtained arbitral award for breach of commodities futures contract in the PRC….

HCA 279/07 – Advised and obtained judgment for contract sum due under consultancy agreement at trial…

HCPI 402/08 – Advising on and pursuing a personal injury claim with damages to be assessed on the basis of depletion in value of a successful professional firm…

HCA 2691/08 – Advised and obtained Order to dismiss the Plaintiff’s action and enter judgment for counterclaim summarily under Order 14A, Rules of High Court…

HCCW 1032/03 – Advised and opposed the Company’s application for security for costs under Order 23, Rules of High Court…

HCA 1543&4/09 – Advised and obtained Order for security for costs under Order 23, Rules of High Court…

HCA 307/02 – Advised and obtained Order for an account of money had and received under Order 43, Rules of High Court…

HCA 1345/07 – Advised and opposed an urgent application for interim injunction under Order 29, Rules of High Court…

HCA 2722/08 – Advised and applied to intervene in proceedings restraining a listed company’s placement under Order 15, Rule 6 and Order 29, Rules of High Court…

HCA 1482/08 – Advised and obtained Order to set aside service of Writ and dismiss the Plaintiff’s action under Order 18 rule 12, Rules of High Court and on grounds of forum non conveniens…

HCA 591/09 – Advised and obtained Order to dismiss the Plaintiff’s appeal against Order to set aside service of Writ under Order 65 rule 3, Rules of High Court…

HCA 353/06 – Advised and opposed an application for striking out under Order 18 rule 19, Rules of High Court…

HCLA 1/07 – Advised and appealed against an award of the Labour Tribunal…

Board of Review – Advised and challenged the Determination of the Commissioner of Inland Revenue. Assessment of HK$ 5+ million in profits arising from the sale of a property as a confirmor annulled with tax paid thereon refunded to the client in full…

TM18981 – Advised and opposed the application to register an associated trademark…

Insurance Agents Registration Board – Advised a licensed bank and its responsible officer and appealed against proposed disciplinary actions by IARB…

Securities Litigation

Tsingyi (Cayman Islands) Holdings Co – Appointed by the Financial Secretary of HKSAR as member of the tribunal presiding over the inquiry into suspected insider dealing….

Controlling shareholder of Hong Kong listed company – Advised and defended against alleged insider dealing within the meaning of s. 270 of Securities and Futures Ordinance, Cap. 571….

Controlling shareholder of Hong Kong listed company – Advised and defended alleged false trading, price rigging and stock market manipulation within the meaning of ss. 274, 275 and 278 of Securities and Futures Ordinance, Cap. 571….

Senior VP of a leading securities house - Advised and challenged proposed disciplinary action by the SFC under s.194 of the SFO.

Regional investment bank - Advised and challenged proposed disciplinary actions against 3 group companies by the SFC under s.194 of the SFO and negotiated a global settlement package

Regional investment bank - Advised and negotiated global settlement of proposed disciplinary actions relating to mis-selling of Lehman-related financial products by the SFC under s.194 of the SFO

Private investors in a Hong Kong Listed Company – Advised and negotiated for the transfer of shareholdings and receipt of special cash dividends thereon totaling HK$ 5 million…

Lehman Brothers Structured Products Disputes – Advising and defending a number of private investors on substantial claims against major US and regional investment/private banks….

A Cancelled Private Placement - Advised a private investor on a substantial claim in loss of profits as occasioned by an interim injunction against a Hong Kong listed company to issue new shares….

Margin-financed IPO Subscriptions – Advised and defended a major securities house against a substantial claim founded on alleged breach of instructions…

Commercial Crimes Litigation

DCCC 1202/06 – Advised and defended the Chairman and CEO / Executive Director of a Hong Kong listed company against 4 charges of conspiracy to steal and to defraud by the ICAC.

DCCC 599/05 – Advised and defended the Chairman and an Executive Director of a Hong Kong listed company against 4 charges of conspiracy to steal and to defraud by the ICAC…

A Hong Kong Entrepreneur – Advised the owner / director of a trading group upon arrest by the Commercial Crimes Bureau on suspected fraud involving US$ 20 million.