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LexisNexis CPD Course: Practical Tips in Email Fraud Cases and New Solution under s. 25A, High Court Ordinance

Course Description

Mr. Dicky Cheung, Barrister at Garden Chambers, also as a counsel for a victim in an email fraud, has recently obtained a new relief under s. 38A of the District Court Ordinance, Cap 336  (equivalent to s. 25A of the High Court Ordinance, Cap 4), that the victim’s solicitors be authorised by the order of the Court to execute a transfer of the fraud proceeds directly back to victim.  He will share experience in that case.

Email fraud is commonplace in Hong Kong as an active international commercial city. For the unfortunate victim, it is a race against time to get the money back before it is further dissipated. The victim also faces extreme evidential difficulty in terms of tracing. What should the victim do in the civil court to obtain the justice he deserves promptly?

Increasingly, more recipients find themselves suddenly being sued for money to which they genuinely believed to be their entitlement. What can an innocent defendant do to protect himself?

Key questions to be answered

  • To construct a claim, what are the pre-action steps to obtain sufficient evidence? What are the practical steps to do vis-à-vis the police and the banks?
  • What does "freezing" of a bank account by police actually mean (the "no-consent" regime under the Organized and Serious Crimes Ordinance)? In comparison with Mareva injunction, how should a lawyer advise?
  • What are the causes of action, including the theoretical foundation on unjust enrichment, money had and received, constructive trust etc. and how to properly plead them?
  • What is tracing? Is there "backward tracing"?
  • What are the reliefs, including a declaratory relief?
  • What is the expedited procedure to claim money back including O. 19 default judgment and O. 14 summary judgment?
  • What are the mechanisms for enforcement of a judgment, including a vesting order and Garnishee order?  What is the proper procedure in light of the recent case law in 2020?
  • What are the typical defences and how to run and plead them?
  • Can a defendant apply to the court by way of judicial review to "unfreeze" the money?
  • Apart from a civil action, what orders can the criminal court make?

Course Schedule

Date: Friday, 28 April 2023 | Time: 2:30pm - 5:30pm

Location: 11/F Oxford House, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong and online

Accreditation(s): 3 CPD Points (Law Society CPD points being applied for)

Level: Intermediate | Language: English

Fee: HKD1800


Dicky Cheung

Garden Chambers

Dicky’s practice areas are contractual, commercial company and land disputes. In connection with these civil disputes, Dicky conducts related criminal, disciplinary and regulatory defences.

For contentious cases, Dicky has represented listed companies, state-owned banks (foreign and PRC), and high-net worth individuals in handling complex commercial, corporate and civil litigation involving securities, trusts, probate, multiple and foreign parties and complicated transactions.

For advisory work, Dicky regularly advises on regulatory compliance on listing matters (including Initial Public Offering of securities and bonds, on instructions from PRC stateowned banks), companies governance matters and merger and acquisition of companies.

Dicky also frequently represents professionals in disciplinary proceedings including insurance agents, estate agents, opticians etc.

Rules for Physical Attendance:

  • CPD points are being applied for. Early departure or late attendance may lead to a deduction of CPD points.
  • Each attendee is required to take their attendance when they enter and leave the venue.
  • In the event of any dispute regarding compliance of the physical attendance, the decision of LexisNexis® shall be final.

Rules for Online Attendance:

  • Each attendee is required to attend the full course with the webcam and microphone turned on for the Law Society of Hong Kong to monitor attendance. Dial in only without webcam is not accepted.
  • Each attendee is required to display full legal name and company name for the Law Society of Hong Kong’s identification of attendance, e.g. Chan Tai Man David (ABC Company).
  • Each attendee is required to participate for the workshop session and is able to demonstrate a satisfactory degree of comprehension of the course.
  • In the event of any dispute regarding compliance of the online attendance, the decision of LexisNexis shall be final.

Terms & Conditions:

  • Prices are subject to change without prior notice. Seats are subject to availability.
  • All sales are final upon your receipt of a confirmation email sent by LexisNexis and no refund will be provided thereafter under any circumstances.
  • LexisNexis reserves the right to alter the venue, timings and terms and conditions of this seminar at any time in the event that the seminar cannot be held due to circumstances beyond the control of LexisNexis including severe weather.
  • LexisNexis reserves the right to amend, add, or remove any of the above terms and conditions or terminate the offer without prior notice.
  • In the event of any dispute, the decision of LexisNexis shall be final.
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