KC Tai

Of Counsel

Emailkc.tai@dlapiper.com

Call+852 6086 1079

Hong Kong

About

Areas of FocusLitigation, Arbitration and Investigations

Professional QualificationsSolicitor of the High Court of Hong Kong

EXPERIENCE

Acting for a reputable financial institution in its recovery action against the sole shareholder of a Hong Kong insurance company for default of bond-linked notes (BLN) for a sum of over USD200 million. Managed to reach settlement with the respondent after successfully obtaining a winding-up order against the company. Assisted the client in rescinding the winding-up in order to facilitate the settlement while preserving the value of the insurance company.
Acting for a Hong Kong listed company operating agri-products exchange in the PRC in its 23-day-trial at High Court and succeeded in the claim against several PRC entities for a sum of over RMB510 million regarding a contractual dispute over the acquisition of the interest in a PRC company involving fraud. The case has involved a number of cross-border issues between Hong Kong and the PRC which was appealed to the Supreme People’s Court in the PRC.
Acting for the securities arm of a Hong Kong listed company in multiple legal proceedings arising out of a margin facility granted by the securities firm to a BVI company to recover the margin loan and unwind several undervalue sale carried out by the BVI company. Successfully wound up the BVI company and struck out the counterclaim made by the defendants claiming conspiracy and stock market manipulation on the ground of reflective loss and abuse of process. This is a high-profile commercial dispute which has attracted wide media coverage.
Acting for a “Top 20 PRC Real Estate Developer” listed company with assets of over RMB250 billion in defending a winding-up petition presented by a bondholder against the company. Apart from dealing with the winding-up proceedings, also assisted client and the family office of the controlling shareholder in dealing with various regulatory issues and advised the client throughout the restructuring exercise.
Acting for a Hong Kong company in relation to the ownership of the largest wind energy company in Thailand which was worth more than USD700 million. Successfully defended the receivership application taken out by the original owner and discharged the ex parte injunction obtained by the original owner against client under s.21M of the High Court Ordinance (HCO) in aid of arbitration and on the basis of Chabra jurisdiction. The case has involved complicated cross-border issues involving litigation and arbitration in various jurisdiction including Hong Kong, Thailand, Singapore, the United Kingdom, BVI and Belize.
Acting for a Hong Kong listed company in defending two sets of related legal proceedings and advising client on regulatory matters arising out of the same subject matter. The case concerns a number of Hong Kong listed companies identified by David Webb as the “Enigma Network” which were allegedly controlled by Mr. Roy Cho, a seasoned player in the capital market. This case can be said to be one of the largest civil litigation in recent years in terms of the scale of litigation, regulators’ investigation and legal teams involved.
Acting for a high-net-worth client in defending various private prosecutions brought against him for alleged breach of s.298 of the Securities and Futures Ordinance (SFO) for disclosing false or misleading information inducing transactions, conspiracy to perverting the course of justice and blackmail. Secured acquittal in all those criminal prosecution. We even assisted client in obtaining a monetary judgment for a sum of over HKD135 million against the private prosecutor in a related civil proceeding after a 13-day-trial at High Court.
Acting for the former Chairman of two Hong Kong listed companies (both being PRC real estate developer) in a disciplinary action carried out by the Stock Exchange of Hong Kong (SEHK) for breach of Listing Rules relating to certain transactions involving the provision of financial assistance between the listed companies. Managed to reach settlement agreement with SEHK on terms favourable to client without the need to proceeding to the disciplinary hearing.
Acting for a reputable PRC online P2P leading platform in relation to an investigation carried out by Securities and Futures Commission (SFC) for potential breach of provisions under the SFO relating to collective investment scheme (CIS) and carrying out of regulated activities. Successfully persuaded SFC to drop the claim.
Advising the audit committee of a Hong Kong listed company carrying on metal recycling business for a forensic investigation carried out pursuant to the direction of SEHK regarding certain adverse allegations raised by a short-seller against the company.

Languages

Education

The University of Hong Kong, LLB

The University of Hong Kong, P.C.LL

Awards

KC is named as a lawyer to note in Legal 500 (2020, 2021 and 2023 Edition), according to which, “KC is very responsive and very easy to work with. Always give clear answers and sensible solutions to problems.”

Publications