Ian Cheng

Chun Man Ian Cheng
  1. People /

Ian Cheng

Ian Cheng

Senior Associate


Hong Kong SAR
Chun Man Ian Cheng
  1. People /

Ian Cheng

Ian Cheng

Senior Associate


Hong Kong SAR

Ian Cheng

Senior Associate

Hong Kong SAR

T: +852 3143 8455

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Biography

Ian is an Associate in the Hong Kong SAR office. He has experience in construction arbitrations and in advising clients on employment law matters. He also has experience in appearing before the High Court, the District Court, and conducting trials in the Magistrates Courts in Hong Kong SAR.

Ian is a prosecutor on fiat on the Department of Justice’s Magistrates Courts B List. Ian also is a member of the Appeal Panel (Housing), an independent statutory body established under section 7A of the Housing Ordinance (Cap. 283) to determine appeals lodged against the termination of lease agreements between the Housing Authority and its tenants.

Ian is a contributing author to Financial Regulation: Emerging Themes in 2020 - an extensive collection of articles around the themes of supervision, governance, financial crime and investigations and digital.

He was admitted as a Solicitor in Hong Kong SAR in 2017.

Spoken Languages

  • Chinese (Cantonese)
  • English
  • Chinese (Mandarin)

Admissions

  • Hong Kong

Related Practice Areas

  • Construction Disputes

  • Infrastructure

  • Energy Transition

  • Commercial Construction & Engineering

  • Commercial Real Estate

  • Investigations

  • Litigation & Dispute Resolution

  • Regulation, Compliance & Advisory

  • Cross-border Employment Issues

  • Employment Class & Collective Actions

  • Business & Commercial Disputes

  • Employment & Labor

  • Real Estate

Experience

  • Advising a Hong Kong SAR non-profit organisation on its entitlements to liquidated damages, extension of time assessments, retention of monies and termination issues concerning the construction of a new operations building.
  • Representing a major Korean contractor in disputes concerning the construction of a propane dehydration plant in Saudi Arabia.
  • Representing the sub-contractor in an arbitration concerning the E&M works for a major casino in Macau.
  • Representing the sub-contractor in arbitrations concerning the redevelopment of a landmark building in Hong Kong SAR.
  • Representing the sub-contractor in an arbitration and the related appeals to the Hong Kong SAR courts concerning a major railway project.
  • Representing the contractor in an arbitration concerning a JV dispute in Macau.
  • Representing the employer in an arbitration concerning a bridge dispute.

Related Insights

Insights
Oct 07, 2024

HK Security of Payment Bill: Government responds to submissions from the public

The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different stakeholders at a LegCo meeting on 16 July 2024. On 2 October 2024, in a letter to the LegCo, the Government summarised some of the key points that had been made in the submissions from the public and gave its response to the submissions. While there is no indication from this letter that the Government would make any amendments to the wording of the Bill in relation to the submissions from the public, the letter raises some important points regarding the Bill and some follow-up actions that the Government said that it will undertake to deal with concerns raised by various stakeholders.
Insights
Sep 27, 2024

Smart contracts and the use of arbitration to resolve related disputes

In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which automatically execute transactions when pre-determined conditions are met. This article provides a brief explanation as to what smart contracts are, and examines some of the potential issues that could arise under Hong Kong law when arbitration is used to resolve smart contract disputes.
Insights
Sep 25, 2024

HK Security of Payment Bill: an insolvency exception to ban against “pay when paid” clauses?

On 16 July 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to receive representations and submissions on the Bill from deputations sent by stakeholders in the construction industry. Some deputations suggested that the Government should consider specifying cases of non-payment caused by bankruptcy of contractual parties at upper tiers in the supply chain as an exception to the ban against “pay when paid” clauses. The deputations argued that this exception would “prevent series of bankruptcy of various contractual parties at lower tiers”.[1]  (Of course, there always will be one or more parties at the lowest levels that will bear the brunt of the bankruptcy further up the contractual chain.)
Insights
Aug 05, 2024

HK Government responds to 19 June letter from LegCo in-house lawyer regarding the Security of Payment Bill

Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the HK Government seeking to clarify certain matters in the Construction Industry Security of Payment Bill (“Bill”). On 18 July 2024, the HK Government responded by a letter.
Insights
Jul 25, 2024

Hong Kong unveils proposals for first cybersecurity law

The Hong Kong Government recently submitted its proposed legislative framework to enhance protection of computer systems of critical infrastructure (“Proposal”) to the Legislative Council (“LegCo”) Panel on Security for discussion on 2 July 2024. The Proposal notes that currently, Hong Kong does not have any statutory requirements on the protection of the computer systems of critical infrastructures (“CIs”). Given that there is an increasing risk of CIs being cyberattacked, the HK Government recognises the need to introduce new law to enhance cybersecurity of CIs. The proposed legislation tentatively is titled the “Protection of Critical Infrastructure (Computer System) Bill”.
Insights
Jul 23, 2024

HKIAC releases updated 2024 administered arbitration rules

On 1 June 2024, the latest update to the HKIAC’s administered rules, the 2024 Administered Arbitration Rules (“2024 Rules”) of the Hong Kong International Arbitration Centre (“HKIAC”) came into effect. The 2024 Rules introduce a number of amendments to the 2018 Administered Arbitration Rules (“2018 Rules”), with the overall aim to improve time and cost efficiency of HKIAC administered arbitrations. The HKIAC has emphasised that the 2024 Rules are not a complete rework of the 2018 Rules, but rather a “refinement” of the 2018 Rules, given that the 2018 Rules have been well-received by users.
Insights
Jul 02, 2024

HK High Court refuses leave to appeal against interim measures

In W v Contractor [2024] HKCFI 1452, the Hong Kong High Court dismissed an application for leave to appeal against the interim measures granted by an arbitrator to restrain an employer from calling on a bond in relation to a construction contract. The key issue was whether the arbitrator’s ruling was an “award” (for which leave to appeal on questions of law can be sought under Schedule 2 to the Arbitration Ordinance) or not an award (for which leave to appeal cannot be sought). In gist, the court was of the view that, although the arbitrator had expressed his ruling and decision to be an “award”, in substance it was an interlocutory decision and therefore was not an “award” for which leave to appeal can be sought. This decision is consistent with the court’s decision in G v N [2024] HKCFI 721 (handed down on 11 March 2024), in which the court found that the arbitrator’s interim order was not an “award” which could be set aside under section 81 of the Arbitration Ordinance. See our summary of G v N [2024] HKCFI 721 (handed down on 11 March 2024).

Related Insights

Insights
Oct 07, 2024
HK Security of Payment Bill: Government responds to submissions from the public
The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different stakeholders at a LegCo meeting on 16 July 2024. On 2 October 2024, in a letter to the LegCo, the Government summarised some of the key points that had been made in the submissions from the public and gave its response to the submissions. While there is no indication from this letter that the Government would make any amendments to the wording of the Bill in relation to the submissions from the public, the letter raises some important points regarding the Bill and some follow-up actions that the Government said that it will undertake to deal with concerns raised by various stakeholders.
Insights
Sep 27, 2024
Smart contracts and the use of arbitration to resolve related disputes
In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which automatically execute transactions when pre-determined conditions are met. This article provides a brief explanation as to what smart contracts are, and examines some of the potential issues that could arise under Hong Kong law when arbitration is used to resolve smart contract disputes.
Insights
Sep 25, 2024
HK Security of Payment Bill: an insolvency exception to ban against “pay when paid” clauses?
On 16 July 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to receive representations and submissions on the Bill from deputations sent by stakeholders in the construction industry. Some deputations suggested that the Government should consider specifying cases of non-payment caused by bankruptcy of contractual parties at upper tiers in the supply chain as an exception to the ban against “pay when paid” clauses. The deputations argued that this exception would “prevent series of bankruptcy of various contractual parties at lower tiers”.[1]  (Of course, there always will be one or more parties at the lowest levels that will bear the brunt of the bankruptcy further up the contractual chain.)
Insights
Aug 05, 2024
HK Government responds to 19 June letter from LegCo in-house lawyer regarding the Security of Payment Bill
Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the HK Government seeking to clarify certain matters in the Construction Industry Security of Payment Bill (“Bill”). On 18 July 2024, the HK Government responded by a letter.
Insights
Jul 25, 2024
Hong Kong unveils proposals for first cybersecurity law
The Hong Kong Government recently submitted its proposed legislative framework to enhance protection of computer systems of critical infrastructure (“Proposal”) to the Legislative Council (“LegCo”) Panel on Security for discussion on 2 July 2024. The Proposal notes that currently, Hong Kong does not have any statutory requirements on the protection of the computer systems of critical infrastructures (“CIs”). Given that there is an increasing risk of CIs being cyberattacked, the HK Government recognises the need to introduce new law to enhance cybersecurity of CIs. The proposed legislation tentatively is titled the “Protection of Critical Infrastructure (Computer System) Bill”.
Insights
Jul 23, 2024
HKIAC releases updated 2024 administered arbitration rules
On 1 June 2024, the latest update to the HKIAC’s administered rules, the 2024 Administered Arbitration Rules (“2024 Rules”) of the Hong Kong International Arbitration Centre (“HKIAC”) came into effect. The 2024 Rules introduce a number of amendments to the 2018 Administered Arbitration Rules (“2018 Rules”), with the overall aim to improve time and cost efficiency of HKIAC administered arbitrations. The HKIAC has emphasised that the 2024 Rules are not a complete rework of the 2018 Rules, but rather a “refinement” of the 2018 Rules, given that the 2018 Rules have been well-received by users.
Insights
Jul 22, 2024
Comments from HK LegCo members regarding the Security of Payment Bill
Insights
Jul 09, 2024
Hong Kong Privacy Commission publishes personal data protection framework for AI users
Insights
Jul 02, 2024
HK High Court refuses leave to appeal against interim measures
In W v Contractor [2024] HKCFI 1452, the Hong Kong High Court dismissed an application for leave to appeal against the interim measures granted by an arbitrator to restrain an employer from calling on a bond in relation to a construction contract. The key issue was whether the arbitrator’s ruling was an “award” (for which leave to appeal on questions of law can be sought under Schedule 2 to the Arbitration Ordinance) or not an award (for which leave to appeal cannot be sought). In gist, the court was of the view that, although the arbitrator had expressed his ruling and decision to be an “award”, in substance it was an interlocutory decision and therefore was not an “award” for which leave to appeal can be sought. This decision is consistent with the court’s decision in G v N [2024] HKCFI 721 (handed down on 11 March 2024), in which the court found that the arbitrator’s interim order was not an “award” which could be set aside under section 81 of the Arbitration Ordinance. See our summary of G v N [2024] HKCFI 721 (handed down on 11 March 2024).