Wilson Fung
Profile
Wilson is a Partner in Kennedys’ Commercial Disputes and Regulatory Team in Hong Kong. Qualified in Hong Kong, he specialises in financial services regulatory disputes as well as banking and enforcement litigation.
In his practice, Wilson represents clients in investigations by the Securities and Futures Commission (SFC) into various types of alleged market misconduct activities as well as possible misconduct by SFC’s licensees.
He also has extensive experience in acting for or advising a broad spectrum of clients, including financial institutions, listed companies and statutory bodies on enforcement issues, disputes and other contentious matters. Wilson has assisted clients in disputes in different jurisdictions, including Hong Kong, Mainland China and the British Virgin Islands.
Wilson was an in-house counsel at the SFC for over three years and speaks English, Cantonese and Mandarin.
Qualifications and admissions
Qualifications
- PCLL | The University of Hong Kong | 2003
- LLB | The University of Hong Kong | 2002
Admissions
- Admitted in Hong Kong | 2005
Work highlights
- Advising a bank on practices in relation to its distribution of investment products, including issues related to self-reporting to the regulators of possible contraventions of the SFC’s Code of Conduct, handling subsequent enquiries from the regulators, advising on matters related to independent review by external consultants and possible sanctions by the regulators.
- Representing banks in various disputes, including successfully obtaining orders for injunction and disclosure on ex-parte basis in cases involving fraudulent transfer of funds; defending claims for alleged mis-selling of financial products and mortgage fraud claims.
- Representing real estate investors in resisting interlocutory injunction application commenced by a bank against companies previously held by the chairman of a Hong Kong listed company, with the underlying transaction involving the sale and purchase of a piece of land and certain option agreements.
- Representing the joint and several receivers of Cheung Kei Center in connection with contentious issues and disputes related to the receivership of Cheung Kei Center.
- Representing trustee of bondholders for legal actions to enforce obligations under Indentures and Keepwell Deeds.
- As in-house counsel of the SFC, handling proceedings concerning injunctions and restoration orders (section 213 of the SFO) and disqualification of directors (section 214 of the SFO). In particular, being a key lawyer in the section 213 proceedings by the SFC against Hontex International Holdings Company Limited, then a listed company, where the Court (for the first time) ordered Hontex to buy back its shares from shareholders as a result of the revelation that Hontex made false and misleading statements in its IPO prospectus.