Eugene H. K. CHENG

Eugene H. K. CHENG

Partner

Academic Qualifications

  • Bachelor of Laws (2010) – Chinese University of Hong Kong
  • Postgraduate Certificate in Laws (2011) – Chinese University of Hong Kong

Jurisdiction (Year of Admission)

  • Hong Kong (2013)

Other Professional Qualifications

  • Accredited General Mediator of the Hong Kong Mediation Accreditation Association Limited
  • Accredited Mediator of the Hong Kong Law Society

Practice Areas

  • Eugene is a litigator with extensive experience in contractual and shareholders' disputes, fraud and asset tracing, arbitration, corporate insolvency matters, trust and property litigation, defamation and employment disputes, many of which have cross-jurisdictional elements. Eugene is also an experienced regulatory and criminal defence lawyer and has represented and advised clients in white-collar defence, extradition matters, regulatory investigations and appeals, as well as disciplinary and administrative hearings. Eugene's clients range from HNW individuals, SMEs, startup fintech and crypto firms, listed companies and multinational corporations, to government departments and statutory bodies.

Experience

  • Shareholders’ Disputes and Breach of Fiduciary Claims
    - Advised and represented INEDs in alleged breach of fiduciary and statutory duties in relation to alleged wrongfully allotted and transferred listco shares, null and void transactions, dishonest assistance and unlawful means conspiracy

    - Advised and represented a HNW family claiming diversion of business and partnership funds to personal accounts for over a span of 30 years amounting to over HKD 300 million, based on resulting trust and common intention constructive trust

    - Advised companies, shareholders and directors in winding-up petitions on just and equitable ground and/or derivative actions and in advising on settlement negotiations and share buy-outs thereafter
  • Regulatory, Compliance and White-Collar Defence
    - Advised a listco on its restructuring and its asset management subsidiary in the reduction of its SFO regulated activity and in making application to deposit unclaimed clients’ assets as trust property into Court

    - Advised a listco director and shareholder on extensive SFC investigations concerning market manipulation and insider trading, and assisting in urgent dawn raids

    - Advised and defended C-suite executives and professionals in alleged bribery and corruption charges, and in successfully seeking acquittal and/or securing immunity from prosecution agreements on their behalf

    - Advised a high-ranking civil servant in conspiracy to defraud charges in relation to alleged falsifying of public records

    - Advised and defended a project contractor in defending industrial summonses involving death of an electrician

    - Defended a British banker in the high-profile murder case HCCC 183/2015 and advising on its appeal CACC 361/2016.
  • Fraud and Asset Tracing
    - Advised a US construction conglomerate who was the victim of fraud with unauthorized fund transfers amounting to over USD 100 million and further represented client in seeking urgent injunctive relief and tracing of funds

    - Advised corporations and individuals in defence of deception and money laundering charges involving hacked bank and cryptocurrency accounts in sophisticated nationwide scams
  • Insolvency
    - Advised creditors in appealing against a passed IVA proposal of a debt-ridden socialite on the ground of material irregularity in the IVA procedure

    - Advised creditors and distressed companies in cross-border winding-up actions involving offshore soft touch liquidation and schemes of arrangement

    - Advised a listed company in seeking urgent injunctive relief against the presentation of a winding-up petition against it on grounds of abuse of process
  • Employment
    - Advised a transnational energy and infrastructure company in suing ex-employees in a high-level conspired team move involving breaches of non-competition and non-solicitation clauses, in seeking springboard injunction and claiming damages and account of profits amounting to over USD 100 million

    - Advised several celebrity private tutors in relation to their employment contracts and restrictive covenants applicable therein, and further advised on their severance packages with a renowned educational establishment
  • Commercial Litigation and Arbitration
    - Advised and assisted in on-and-offshore litigation involving a HKD 200 million complex share acquisition deal which fell through

    - Advised a world-renowned watch collector in a contractual dispute worth over HKD 100 million against a major auction house

    - Advised a renowned semi-conductor supplier in defending a claim from a European conglomerate manufacturer in breach of contract worth USD 20 million, with antitrust and competition elements

    - Advised a listco, its subsidiaries and its chairman in defending fraud, conversion, conspiracy and dishonest assistance claims involving complex securities lending transactions

    - Advised on stay applications based on arbitration clauses and in seeking local court remedies in aid of global arbitration

    - Advised market-leading money lenders on application of the MLO in debt recovery actions involving properties held on trust for third parties by debtor and guarantor

    - Advised on enforcement actions involving receivership of heavy machinery and other assets
  • Land
    - Advised a worldwide evangelical church in defending its legal and beneficial interest in properties in Hong Kong having fallen victim to a fraudulent business scheme

    - Advised on the New Territories Small House Policy and represented a development company which allegedly participated in fraudulent selling of ding rights in the New Territories

    - Advised claimants and respondents in adverse possession of land in the New Territories
  • Defamation
    - Advised and represented a global brand of confectioneries in claiming defamation and libel and seeking injunctive relief against a global competitor
  • Data Privacy
    - Advised and represented a government body as interested-party advocate in Administrative Appeals Board proceedings in a myriad of privacy related complaints.

Public Appointments and Mentorships

  • Eugene was appointed as Prosecutor-on-fiat from 2014 to 2018 handling prosecution on behalf of the Department of Justice. He currently serves as a member of the Arbitration Committee and the Criminal Law & Procedure Committee of the Law Society of Hong Kong. He also acts as a legal advisor for the Free Legal Advice Service on Building Management organized by the Home Affairs Department of the Hong Kong Government.

    In his free time, Eugene enjoys mentoring young minds and serves as a mentor in the CUHK LAW Distinguished Professional Mentor Scheme and the La Salle College Old Boys' Association (LSCOBA) Mentorship Program.

Languages

  • Fluent in Chinese (Cantonese and Mandarin) and English
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