About
Clement specialises in commercial litigation and arbitration with a focus on private wealth and trust-related disputes.
Clement advises on shareholder and commercial disputes, the tracing and recovery of proceeds of cyber frauds, and arbitration-related issues, including ORFS / third-party funding arrangements. In addition, he is experienced in handling contentious regulatory matters, involving the SFC, the HKMA, the SEHK and the ICAC; as well as compliance-related matters involving ABC (relating to the POBO, the FCPA, and the UK Bribery Act) and AML issues.
Clement also specialises in handling issues most pertinent to financial institutions including mis-selling and suitability assessment, having gained unique experience on secondment at two leading international banks.
Clement has a growing presence in the sports business and law community in Hong Kong and is also an active member of the American Chamber of Commerce’s Sports Committee.
Clement speaks fluent English, Cantonese and Mandarin. He always conducts training on a series of topics in multiple languages, including recent ESG-related matters, such as greenwashing and shareholder activism.
Clement is admitted to practise in Hong Kong.
Experience
- Represented the eldest son of the late Taiwan plastics tycoon in proceedings initiated in the High Court of Hong Kong in his capacity as the administrator of his father’s estate, as part of his attempt to recoup assets that have allegedly been held in off-shore purpose trusts in excess of USD 20 billion.
- Represented companies whose holdings in an USD 1 billion integrated resort business in the Philippines have been charged with respect to notes worth USD 760 million, to seek urgent injunctive relief in Hong Kong to restrain enforcement by the majority noteholder alleging an event of default.
- Advised a Big Four accounting firm and its partners in their capacities as former court-appointed administrators pendente lite of the estate of a Hong Kong property tycoon, in relation to alleged breach-of-duty claims of around RMB 300 million asserted against them by the succeeding administrators.
- Represented a leading Canadian private bank in defending a double derivative claim in the High Court of Hong Kong, in relation to a defaulted bond with respect to which it was the custodian of the Plaintiff’s USD 14.5 million holding.
- Advised clients from across sectors on the tracing and recovery of proceeds of cyber frauds, often involving multi-layer transfers and competing victims.
- Advised clients in their capacity as a director and / or a shareholder of companies with respect to a range of issues relating to deadlock situations, derivative action, unfair prejudice petition, application to wind up on just and equitable grounds, court injunction, and applying for / resisting the opposition’s request for copies of records.
- Conducted a tri-partite internal review for a major Swiss private bank and the SFC to assess the suitability of certain transactions involving the sale of complex financial products, from the perspective of the requirements under the SFC's Code of Conduct, regulatory circulars, and the bank's internal policies.
- Advised a Hong Kong-based (and listed) leading international airline on reputational and compliance-related risks associated with specific high-profile incidents including amongst others a delivery flight trip; and enhancing its global ABC and compliance programme.
