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Bryan Ng

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Bryan Ng is a partner in Baker McKenzie's Hong Kong office and a member of the Firm's Dispute Resolution Group. He has written articles and delivered trainings and seminars on topical issues including regulatory enforcement matters. Bryan’s practice focuses on disputes related to financial services, regulatory investigations, white-collar crime, commercial disputes and insolvency-related matters. He advises international financial institutions in investigations and disciplinary proceedings by the Securities and Futures Commission, the Hong Kong Monetary Authority and The Stock Exchange of Hong Kong Limited. He conducts and manages complex cross-border internal investigations and reviews. He is also experienced in advising on strategy in managing and reviewing electronic data.
In Quistclose Trust

Hong Kong: Court of Final Appeal clarifies the law on Quistclose trusts

by and 6 Mins Read

In brief The Court of Final Appeal (CFA) has, in its recent judgment (link to Judgment), considered the applicable test for determining whether a Quistclose trust exists. In simple terms, a Quistclose trust (named after a House of Lords decision) is a type of trust that comes into existence when a person transfers money or property to another person by way of a loan or otherwise, with the intention that the money or property be used for a specific…

In Directors' Obligations

Hong Kong: Court agrees with Listing Review Committee’s decision on internal control failures

by , and 6 Mins Read

In brief This recent Court of First Instance judgment ([2023] HKCFI 2932) is another unsuccessful judicial review against the decision of the Listing Review Committee (LRC) of The Stock Exchange of Hong Kong Limited to impose disciplinary sanctions on two independent non-executive directors (INED) (“Applicants”) of a listed company (“ListCo”). These applications remain to be an uphill battle. In June 2023, the LRC upheld the Listing Committee’s decision that the Applicants should be publicly censured…