| Course Details |
 Course List |  Course Calendar
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| (Live Lecture & Webinar) Practical Tips in Email Fraud Cases and New Solution under s. 25A, High Court Ordinance |
| Date: |
25 July 2024 (Thursday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
(3 CPD Points will be applied for) |
| Ref: |
L24OT17 |
| Venue: |
Webinar Course
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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.
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Objective:
This is the 10th re-run of the Course.
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?
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Outline:
- 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?
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)
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| Category: |
Others |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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