Our Professionals

Michael Kan

Michael Kan

Partner : Litigation and Dispute Resolution Department
Tel : +852 2825 2501
Fax : +852 2845 9294
Email : michaelkan@gallantho.com
Address : 5/F Jardine House, 1 Connaught Place, Central, Hong Kong

Education and Qualifications
  • LLB, University of New South Wales
  • B Comm (Accounting), University of New South Wales
  • Solicitor of Hong Kong (2005)
Practice Areas
General commercial and company-related disputes, arbitration, alternative dispute resolution, employment law, data privacy, insolvency and restructuring, general commercial
Experience

Litigation and Arbitration

  • Representing German solar power cells manufacturer in HKIAC arbitration in pursuing claims against Chinese solar cell wafer supplier for breach of contract for the supply of solar cells
  • Representing Singapore Listco (ship charterers) in HKIAC arbitration in defending claims brought by applicant alleging breach of shipbuilding contract
  • Representing Chinese State-Owned coal supplier in pursuing claims against US buyer for breach of contract for supply of coal in HKIAC arbitration
  • Representing Chinese receivables financing provider in HKIAC arbitration in defending product liability claim (involving alleged IP infringement and defamation) brought by US companies and pursuing counterclaims against them
  • Representing Chinese SOE in successfully defending claim for alleged breach of sub-contract relating to construction of two power plants in Iran in ICC arbitration
  • Representing US steel rod equipment manufacturer in defending claim brought by Chinese entity for damages arising from alleged breach of manufacture and supply agreement in SIAC arbitration
  • Representing Japan-headquartered computer software developer in pursuing claim against a major Chinese State-Owned bank for damages arising from breach of development contract and defending counterclaims brought by bank in ad hoc arbitration seated in Hong Kong
  • Representing joint venture PE fund in pursuing claims against Chinese domestic enterprise arising from breach of redemption obligation under preference shares agreement in HKIAC arbitration
  • Representing liquidators in Hong Kong court proceedings involving tracing and recovery of company funds misappropriated / diverted by rogue directors
  • Representing liquidators in cross-border liquidation arising from shareholders’ dispute in pursuing claims for recovery of assets removed from company, including pursuit of winding up petition on just and equitable grounds
  • Representing PE fund (as investor) in pursuing rights arising from breach of shareholders and investment agreements
  • Representing HK-based PE fund in pursuing claims against US-listed Chinese company and its founder for breach of redemption obligation under bonds agreement
  • Representing PE fund in pursuing claims against founder (a former leader in optical communication technology) for breach of share redemption agreement
  • Representing an international electronics manufacturer in successfully resisting an application to set aside an arbitral award at first instance and on appeal in Hong Kong
  • Representing client in a shareholders’ dispute and successfully obtaining a court order for the convening of an EGM to pass a resolution to replace a director pursuant to s114B of the Companies Ordinance

Regulatory and compliance

  • Representing two Hong Kong Listcos (suspended from trading) in SFC investigations
  • Representing a crowdfunding operation in SFC investigation into unlicensed dealing in securities
  • Representing a former licensed person under the Securities and Futures Ordinance in appeal against the sanction imposed by the SFC in the Securities and Futures Appeal Tribunal
  • Conducting government procurement practice review in relation to Fortune 500 consulting firm in Mainland China
  • Conducting FCPA due diligence review in relation to acquisition of a Japanese medical corporation group by MNC and localization of various anti-bribery and corruption related policies
  • Conducting bribery investigations on behalf of global manufacturer and supplier of vessel protective coatings
  • Conducting investigation into two employees' complaints on behalf of US-based airlines Hong Kong office
  • Advising a global medical technology company on Hong Kong compliance issues, working with Chinese lawyers to provide advice on the two-invoice system in China, and working with Chinese lawyers to resolve labor disputes involving Chinese employees.
  • Providing general legal services to the Hong Kong subsidiary of a German proprietary drug manufacturer
  • Conducting anti-bribery and corruption training to employees of a Japanese-based games manufacturer

Employment and privacy

  • Advising an UK-based airline on mass redundancy of cabin crew in Hong Kong, including labour tribunal claims and union disputes arising therefrom
  • Acting for a renowned recruitment company in investigation into and termination of recalcitrant senior employee and director based in Shanghai
  • Acting for a Canadian-based investment house in investigation into and termination of managing director based in Hong Kong
  • Advising international fashion brands and IT company on termination / exit of senior employees, including the drafting of exit agreements
  • Advising international fashion brand on redundancy of Hong Kong employees and close down of Hong Kong office
  • Advising a Hong Kong-based airline on various employment issues and employment contracts, including assisting with Labor Tribunal claims
  • Representing MNCs (including various airlines) in drafting or localization of employment contracts, policies, handbooks and other employment-related matters including visa applications, provident funds, licenses, and representation in mass redundancies and closing down of operations in Hong Kong
  • Standardizing suite of privacy and direct marketing policies for legal platform services provider, and providing training to its employees in Hong Kong
  • Advising various MNCs, banks and professional bodies on direct marketing, UEMO, cross-border data protection and inter-group personal data transfers in relation to their specific needs and requirements
Languages
Chinese (Cantonese and Mandarin) and English
Publication
  • Panel speaker on privacy and informed consent issues at HA Training Symposium 2017 on “Clinical Research Ethics Oversight: Principles & Practice” organized and provided by HKU-CTC
  • Co-author, Business Law Chapter in Sweet & Maxwell’s Bullen & Leake & Jacob’s Hong Kong Precedents of Pleadings published in December 2013 (Second Edition in 2018)
  • Co-author, China Chapter in The International Arbitration Review, Fourth to Ninth Editions, Law Business Research
  • Guest Speaker at China Academy of Arbitration Law’s 2015 Annual Conference organised in Qingdao, PRC, October 2015