| Home | www.OLQE.com | Course Calendar | FAQ | Links | Register Online |

Today is 28 Feb 2021

Legal CPD Courses
CPT Courses
Risk Management Course
OLQE 2020
OLQE 2019
OLQE 2018
OLQE 2017
OLQE 2016
OLQE 2015
OLQE 2014
OLQE 2013
OLQE 2012
OLQE 2011
OLQE 2010
OLQE 2009
OLQE 2008
OLQE 2007
Course Categories
Discount Packages
Contact us
Y Charity Events Y

What our delegates said Join Our Mailing List Suggestions for New Courses Speaker for LexOmnibus



Course Details

(Webinar via Zoom) Practical Tips in Email Fraud Cases and New Solution under s. 25A, High Court Ordinance?
Dicky Cheung, Barrister-at-law, Garden Chambers
Date: 12 March 2021 (Friday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,700
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L21OT02
Venue: Webinar Course
Presenter's Biography:

Mr. Dicky Cheung read law at 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.
 
Objective:

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?
 
Outline:

The CPD Course answers these questions with the following issues:

  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)
 
Category: Others
Course Booking Terms & Conditions

Download Registration Form

 

Register Online
Download Registration Form
Upcoming Courses
3 March 2021 (Wed)
2:30pm - 5:45pm
(Webinar via Zoom) Trustees: Management Duties, Powers and Liability
[L21TP01]
5 March 2021 (Fri)
2:30pm - 5:45pm
(Webinar via Zoom) Introduction to Blockchain, ICO and Digital Assets: Recent Regulatory Development in Hong Kong, Singapore & Other Jurisdictions
[L21SF02]
9 March 2021 (Tue)
2:30pm - 5:45pm
(Webinar via Zoom) Hong Kong Employment Law Update
[L21EM01]
11 March 2021 (Thu)
2:30pm - 5:45pm
(Webinar via Zoom) Competition Law Ordinance - 5 years on, a Reflection on the Development of First Conduct Rule Enforcement Action in Hong Kong
[L21CC01]
12 March 2021 (Fri)
2:30pm - 5:45pm
(Webinar via Zoom) Practical Tips in Email Fraud Cases and New Solution under s. 25A, High Court Ordinance?
[L21OT02]
19 March 2021 (Fri)
2:30pm - 5:45pm
(Webinar via ZOOM) Litigating Trade Mark and Passing Off Disputes
[L21IP01]
23 March 2021 (Tue)
2:30pm - 5:45pm
Private Equity Funds in the Cayman Islands
[L21OJ01]
26 March 2021 (Fri)
2:30pm - 5:45pm
(Webinar via ZOOM) ICAC cases
[L21CO01]
30 March 2021 (Tue)
2:30pm - 5:45pm
(Webinar via Zoom)Building Management Disputes: Landlord and Tenant Law Update
[L21CY02]
31 March 2021 (Wed)
2:30pm - 5:45pm
(Webinar via Zoom) Key Decisions of the Competition Tribunal since the Full Implementation of the Competition Ordinance, Cap. 619
[L21CC02]
1 April 2021 (Thu)
2:30pm - 5:45pm
(Webinar via Zoom) Informal Interests in Property: Presuming Interests and Illegality
[L21TP02]
15 April 2021 (Thu)
2:30pm - 5:45pm
(Webinar via Zoom) Update on Family Law and Practice
[L21FL01]

Home | About Us | Terms & Conditions | Privacy Policy | Personal Information Collection Statement | Contact Us  
Copyright © 2007 - 2021 Lex Omnibus Limited. All rights reserved.