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http://www.minterellison.com/people/desmond-cl-yu
Desmond C L Yu
Partner
I have over 20 years of experience in complex corporate/ commercial/ regulatory dispute avoidance/ resolution and litigation, specialising in securities regulatory matters. I act for a wide spectrum of clients, including statutory bodies, international conglomerates, state-owned enterprises, local publicly listed companies, and participants of all levels in the financial market.
  • +852 2841 6878
  • +852 5320 0873

With board experience in dispute avoidance/ resolution and litigation, my focus is on:   

  • Corporate/ commercial/ securities-related disputes
  • Regulatory investigations and enforcement actions, including civil, criminal and disciplinary proceedings
  • Corporate investigations involving, inter alia, accounting irregularities and/ or fraud

I am one of a very limited number of practitioners in Hong Kong who can undertake these practise areas with the local language skills, a high degree of competence and with sufficient experience to run the matters. 

Career highlights

The majority of the work undertaken by me is confidential and/ or subject to statutory secrecy, but some notable publicly reported matters are:

Financial Services Regulatory

Regulatory investigations

  • Regulatory matters in Hong Kong and action by the Monetary Authority of Singapore / Commercial Affairs Department in Singapore in relation to Pacific Andes International Holdings Limited and its key listed subsidiaries
  • Ontario Securities Commission / SFC investigation into Sino-Forest Corporation

Corporate investigations

  • Independent investigation into one of the oldest Sino-foreign joint ventures in PRC, resulting in successful resumption of trading in its shares after a prolonged suspension
  • Independent investigation into a HK listed subsidiary of a state-owned enterprise under the supervision of State-owned Assets Supervision and Administration Commission of the State Council of the PRC
  • Independent investigation into a HK listed company, resulting in successful resumption of trading in its shares after a prolonged suspension

Market Misconduct Tribunal/ Insider Dealing Tribunal Inquiries into the shares of:

  • Magic Holdings International Limited, Tingyi (Cayman Islands) Holdings Limited, Chinney Alliance Group Limited, Firstone International Holdings Limited, Siu Fung Ceramics Holdings Limited

Insider Dealing Criminal Prosecution

  • HKSAR/SFC v CHAN Pak Hoe Pablo, defending an insider-dealing prosecution by the SFC, and subsequent appeal by the Hong Kong Department of Justice at the Court of Final Appeal

SFC Disciplinary Prodeedings

  • Contesting disciplinary proceedings commenced by the SFC, and/or resolving the relevant compliance issues by way of settlement, in relation to China Rise Securities Asset Management Company Limited, BOCOM International (Asia) Limited, Hantec International Limited / Cinda International FX Limited, VC Capital Limited, Radland International Limited (including appeal to the Securities and Futures Appeals Tribunal)

HKEx Compliance Matters and Disciplinary Proceedings

  • Contesting disciplinary proceedings commenced by the Listing Division, Enforcement Department of the HKEx, and/or resolving the relevant compliance issue by way of settlement, in relation to NNK Group Limited, Kong Sun Holdings Limited, Lerado Group (Holdings) Company Limited, Artini China Co. Ltd., Mascotte Holdings Limited

Financial Reporting Council proceedings

  • Audit Investigation Board v. K.M. Choi & Au Yeung Limited, first enforcement action in the Hong Kong Courts by the FRC.

Commercial Litigation and Arbitration

  • Acted for one of the world's largest semi-conductor manufacturers and one of Europe's largest telecommunications companies in obtaining an arbitral award in the sum of approximately US$140 million in Hong Kong and related enforcement actions in various jurisdictions.