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Philip Kwok

Philip Kwok

Counsel

Direct: +852 2675 2160 | Mobile: +852 9661 1806 | philip.kwok@eylaw.com.hk

Principal areas of practice

Philip’s practice focuses on complex commercial litigation and arbitration, regulatory investigations, cybersecurity and data protection, financial technology compliance, electronic data preservation and retention, as well as disputes and regulatory matters for internet and e-commerce businesses.

Having been practicing in the Beijing and Hong Kong offices of international law firms, Philip is familiar with the disputes environments of Hong Kong, Mainland China and other jurisdictions. He is the first batch graduate from the E-Commerce Law stream of the Juris Master degree of Peking University, when he participated in various research projects on e-commerce regulatory matters commissioned by the China Ministry of Commerce and the National People’s Congress Finance and Economic Committee.

Philip is currently a Member of the InnoTech Committee of the Law Society of Hong Kong, where he participates in various projects, including projects with the Hong Kong Monetary Authority as well as the Judiciary. He is also currently a Lecturer (Non-Clinical) of the Faculty of Law, the University of Hong Kong, responsible for the China Information Technology and Electronic Commerce Law course for Master of Laws and Juris Doctor students. Philip frequently writes, speaks and advises clients on issues relating to blockchain, cybersecurity, privacy and data protection, digital signatures, virtual identity verification, anti-money laundering issues, and other legal issues in relation to the latest technology.

Philip has extensive experience in cross-border complex commercial disputes resolution, regulatory investigations and compliance, and other technology and e-commerce related disputes, compliance and advisory work. 

Philip is among the first batch of lawyers who passed the Guangdong-Hong Kong-Macao Greater Bay Area Legal Professional Examination.

Philip is fluent in English, Mandarin and Cantonese.

Admission

  • Hong Kong
  • England and Wales (non-practising)

Accolades

  • Individual Bronze Award in Pro Bono and Community Services by The Law Society of Hong Kong, 2021

Experience and representative matters

Philip has been involved in the following representative matters:

Commercial disputes resolution

  • Multiple Hong Kong High Court as well as Mainland China proceedings involving proprietary interest claims and specific performance claims over interests in companies, lands and assets in Hong Kong and Mainland China
  • Multiple Hong Kong High Court proceedings involving claims for a multinational metal recycling and environmental protection company in relation to convertible bonds and shareholders’ loans
  • A Hong Kong High Court action involving defence to claims against a Hong Kong listed company brought by an investment intermediary in connection with the commission payable for the issuance of convertible bonds and notes
  • An arbitration against the purchaser for a substantial Chinese online game developer in connection with a contract for the sale and purchase of an online game business
  • Multiple arbitrations, Hong Kong and Mainland China court proceedings concerning a joint venture partner of a substantial global online games joint venture in multiple arbitrations
  • Various enforcement proceedings and local actions in Hong Kong and Mainland China for a substantial Fortune-500 U.S.-based multinational conglomerate in connection with the enforcement of an arbitral award
  • Claims brought against the ex-directors of a substantial aluminum manufacturing corporation in liquidation by the liquidators for negligent and dishonest breach of fiduciary duties
  • A U.S. securities class action brought against an international firm of accountants and its partners
  • Claims against an international firm brought by a high net worth individual and various private equity funds in connection with a substantial fraud perpetrated by a partner of the firm
  • A Taiwan land development dispute between a substantial Mainland China-based Hong Kong investment company and a Taiwanese real property developer
  • Matters relating to mutual legal assistance, service of foreign processes, enforcement of foreign judgments, examination of witnesses for foreign courts, etc. in Hong Kong and Mainland China

Investigations

  • An investigation by the Securities and Futures Commission of Hong Kong against a major securities brokerage company relating to novel issues in non-face-to-face client account opening, anti-money laundering and cross-border marketing issues associated with an innovative business model
  • Investigations of various executive directors of Hong Kong listed companies by the Securities and Futures Commission
  • A search warrant issued by the Hong Kong Police Force in connection with investigations of offences under the Organized and Serious Crimes Ordinance for a substantial international partnership
  • Internal investigations and removal of defamatory and confidential proprietary materials over various Chinese social media platforms in relation to a substantial multinational pharmaceutical corporation
  • Investigations by the Securities and Futures Commission of Hong Kong against a group of capital management and hedge fund investment companies as well as their directors and senior officers
  • An internal investigation of an international fast food chain over potential FCPA violations of its Mainland subsidiaries
  • An internal investigation of a garment manufacturer regarding potential breaches of employment laws by its Bangladesh arm
  • An investigation laid by the Independent Commission Against Corruption of Hong Kong for an ex-public officer

Internet and e-commerce matters

  • A multinational banking group on personal data privacy, banking secrecy and labour law issues
  • A multinational commodities trading company in their cross-border arbitrage trading, cybersecurity, data privacy and retention, as well as VPN licensing issues in the Mainland China
  • A global online foreign exchange service on money service operator compliance issues, client identity verification issues and other issues under the Electronic Transactions Ordinance
  • A U.S.-based global provider of online trading services on issues relating to client account opening requirements in Hong Kong
  • A U.S.-based global investment management firm on personal data protection issues and policies surrounding its BYOD (Bring-Your-Own-Device) program
  • A Fortune-100 financial services organisation on personal data protection and direct marketing issues in the operation of its global CRM system
  • A multinational online auction platform on its personal data protection policies and terms and conditions of its online auctions consignment agreement
  • An international home automation corporation on internet regulation, data privacy and data security issues in Hong Kong and Mainland China
  • A major insurance company on legal issues pertaining to the operation of an online insurance platform services

Includes matters handled prior to joining LC Lawyers LLP

Education

  • Peking University J.M.
  • University of Hong Kong, PCLL
  • University of Hong Kong, LL.B.
2021 Individual Bronze Award -KWOK Zee Fung Philip- by The Law Society of Hong Kong

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