(O2) (Live Presentation and Webinar) Email Fraud: How to claim Money Back (new solution under s25A of High Court Ord.)? How to Defend such a Claim?

Date: 22 December 2023 (Friday) Time: 2:30pm to 5:45pm   Language: English    Level: Elementary

Speaker: Dicky Cheung, Barrister-at-law, Garden Chambers

Lawyer CPD Points:    ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3              Fee: HK$1,790

Highlights: The Speaker, as 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?

  1. 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?
  2. 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?
  3. 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?
  4. What is tracing? Is there “backward tracing”?
  5. What are the reliefs, including a declaratory relief?
  6. What is the expedited procedure to claim money back including O. 19 default judgment and O. 14 summary judgment?
  7. 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?
  8. What are the typical defences and how to run and plead them?
  9. Can a defendant apply to the court by way of judicial review to “unfreeze” the money?
  10. Apart from a civil action, what orders can the criminal court make?

The Speaker has represented both plaintiffs, including listed companies, overseas individuals, and defendants in email, telephone, and general fraud cases with amounts ranging from ~HK$100,000 to ~HK$600,000,000. See his cases in:
a. Quessglobal (Malaysia) Sdn. Bhd. v. Sen Xin Ju Technology Trading Ltd [2020] HKDC 1091;
b. HKSAR v. Kiu Mei Ling and Others [2019] 2 HKLRD 991; and
c. Comtel Solutions Pte Ltd v. Yi Li Trade (HK) Co., Ltd And Another [2019] HKCFI 2407; HCA 1142/2019 (23 September 2019)

Curriculum is empty
Dicky Cheung
Mr Dicky Cheung read law in the University of Hong Kong and was called to the bar in 2017. He joined Garden Chambers in the following year. His practice is focused on commercial, company and contractual litigation. He has represented listed companies, state-owned banks (overseas and PRC), and high net worth individuals in handling complex commercial, corporate and civil litigation with securities, trusts and probate at issues, involving overseas parties and complicated transactions. Dicky also frequently represents professionals, including insurance agents, estate agents, optometrists etc, in disciplinary proceedings, and their appeal and judicial review proceedings. Dicky is fluent in Putonghua and regularly handles PRC-related cases and parties.