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Nathan Dentice
Partner
I specialise in complex commercial litigation and contentious regulatory matters. I have conducted a wide range of corporate, commercial and securities-related litigation. In my regulatory practice, I routinely represent parties subject to SFC and HKMA investigations and enforcement proceedings. I also advise several statutory regulators on the discharge of their public law functions, including their investigation and disciplinary responsibilities. 
  • +852 2841 6881

I have over 20 years' experience in corporate, commercial and securities-related litigation including in relation to:

  • Contractual claims;
  • Shareholder and boardroom disputes;
  • Investment and fund disputes; and
  • Insolvency and restructuring.

In my regulatory practice, I routinely represent parties subject to SFC and HKMA investigations and enforcement proceedings. I also advise several statutory regulators on the discharge of their public law functions, including The Stock Exchange of Hong Kong (the frontline regulator of the stock market), The Hong Kong Institute of Certified Public Accountants (the regulator of the accounting profession) and the Competition Commission. Through my work in the regulatory area, I am often engaged in judicial review proceedings and have conducted many of the leading public law cases in the financial services regulatory area in Hong Kong.

I am the author of the book SFC Investigations and Enforcement Proceedings, a leading text on the area. I am also the author of the Investigations and Enforcement Proceedings chapter of Lexis' Practical Guidance - Financial Services, and a member of Lexis' Practical Guidance Editorial Board. I am the honorary solicitor for the Actuarial Society of Hong Kong.

Career highlights

Much of the work I have undertaken is confidential and/or subject to statutory secrecy, however some of my more notable, publicly reported cases include:

Major litigation

  • Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKCFA 18 – Acted for a family trust in court proceedings against a bank in relation to a dispute over the sale of derivative products. The case is now a leading common law authority on the supervisory duties of professional trustees.
  • East Asia Satellite Television (Holdings) Limited v New Cotai LLC HCA2189/2009 – Acted for East Asia Satellite Television (Holdings) Limited in a joint venture dispute seeking damages of approximately US$2.5 billion in relation to the development and operation of a casino and entertainment project in Macau.
  • Passport Special Opportunities Master Fund, LP v Esun Holdings Limited and Others [2011] 4HKC 62 – Acted for a listed company and its directors in a derivative action brought by a large US hedge fund against the defendants for breach of fiduciary duties to the Hong Kong listed company, in connection with a placement of shares by the company which was purportedly for the improper purpose of preventing a takeover by the fund.
  • Active Base Ltd v Roderick John Sutton and Others (CFA) (2009) 12 HKCFAR 621 – Acted for the liquidators of a large listed company in proceedings from trial to the Court of Final Appeal in relation to a disputed loan agreement, which was ultimately found to be unenforceable against the company.

Public law

  • Luk Ka Cheung v The Market Misconduct Tribunal [2009] 1 HKLRD 114 – Acted for the applicant in judicial review proceedings challenging the constitutionality of the Market Misconduct Tribunal on the grounds that the Tribunal contravenes constitutional requirements.The case is the leading authority on the constitutional requirement for separation of powers in Hong Kong.
  • Peter Po Fun Chan v Winnie CW Cheung [2008] 1 HKLRD 319 – Acted for two officers of the Hong Kong Institute of Certified Public Accountants in judicial review proceedings before the Court of Final Appeal challenging the Institute's handling of a disciplinary matter.The case is the leading authority on the threshold for obtaining leave to apply for judicial review.
  • The Stock Exchange of Hong Kong Limited v New World Development Co [2006] 2 HKLRD 518 – Acted for the Stock Exchange in relation to judicial review proceedings challenging the Listing Committee's conduct of certain disciplinary proceedings under the Exchange Listing Rules.The case is a leading authority in relation to the requirements of procedural fairness in the context of disciplinary proceedings.

Financial regulatory

  • SFC v Tiger Asia Management [2012] 2 HKLRD 281 – Acted for the founder of Tiger Asia Management in proceedings brought by the SFC under s. 213 of the Securities and Futures Ordinance against a hedge fund and its officers in relation to alleged insider dealing.The case concerned constitutional issues including whether the SFC may use the civil process of the courts to 'prosecute' criminal offences.
  • X v SFC [2012] 4 HKLRD 296 – Acted for a prominent financial institution in judicial review proceedings against the SFC, which determined the extent to which the subjects of disciplinary proceedings under Part IX of the Securities and Futures Ordinance are entitled to access to evidence in the possession of the SFC.
  • Report of the Market Misconduct Tribunal in respect of dealings in the shares of China Overseas Land and Investment Limited (8th July 2009) - Acted for a specified person in the first ever Market Misconduct Tribunal proceedings for insider dealing.

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