EN

Priscilla Au-Young

Partner

I specialize in complex commercial disputes and regulatory investigations. I also regularly advise regulators in Hong Kong on the discharge of their public law functions.

I advise clients on a wide range of commercial disputes, including joint venture and shareholder disputes, contractual claims, investment disputes, fraud investigations (including asset tracing and recovery) and professional negligence claims.

I often act in accounting regulatory matters and advise the accounting regulators in Hong Kong on the discharge of their public law functions. I have conducted numerous disciplinary and appeal proceedings against accounting professionals in Hong Kong.

I also have extensive experience in securities regulatory matters involving the Securities and Futures Commission and the Stock Exchange. I am the author of Part 5 (Key Offence Provisions) of the book “SFC Investigations and Enforcement Proceedings” published by LexisNexis in 2019, and am presently updating the book for a second edition.

Career Highlights

Commercial disputes

  • Acting for the liquidators of a Cayman Islands investment fund in investigating and bringing proceedings in Hong Kong in respect of apparent fraud by the former management of the fund. The proceedings, which remain ongoing, involve an extensive asset tracing exercise.
  • Zhang Hong Li v DBS Bank (Hong Kong) Ltd (2019) 22 HKCFAR 392 – Acting for a family trust in court proceedings against a bank in relation to a dispute over the sale of derivative products.
  • Acting for an investment vehicle of an ultra-high net worth individual in court proceedings against a bank in relation to a dispute over the sale of equity accumulator contracts.
  • Totalcorp (Nominees) Ltd v Hong Kong Sai Kung Ngong Wo Resort Development Ltd (2022) 25 HKCFAR 376 – Acting for a lender in a dispute concerning the application of the Money Lenders Ordinance and the legality of loans advanced to a borrower.

Professional negligence

  • Acting for the liquidators of a major Hong Kong listed group in potential audit negligence claims against the former auditors.
  • Advising clients on professional negligence claims against legal advisors.

Accounting regulatory

  • Registrar of Hong Kong Institute of Certified Public Accountants v KPMG & Others D-16-1206F – Acting for the Institute in disciplinary proceedings against an audit firm and two of its partners for audit failures in connection with China Forestry Holdings Company Limited, a listed company which collapsed after the discovery of widespread fraud.
  • Registrar of Hong Kong Institute of Certified Public Accountants v Lin Ching Yee Daniel & Another D-18-1372F and D-18-1407F – Acting for the Institute in disciplinary proceedings against two audit partners for audit failures in connection with a listed company. This is the first case in which the Carecraft procedure was adopted in disciplinary proceedings against accounting professionals.
  • Registrar of Hong Kong Institute of Certified Public Accountants v Disciplinary Committee of Hong Kong Institute of Certified Public Accountants [2020] 5 HKLRD 262 – Acting for the Institute in judicial review proceedings concerning the Disciplinary Committee’s power to order the non-publication of sanctions.
  • Law Fei Shing v The Disciplinary Committee of the Hong Kong Institute of Certified Public Accountants and Another [2019] 4 HKLRD 225 – Acting for the Institute in judicial review proceedings concerning the disclosure of materials to a respondent in disciplinary proceedings.
  • The Registrar of the Hong Kong Institute of Certified Public Accountants v  X and Another [2017] 3 HKLRD 541 – Acting for the Institute in an application brought by an audit firm and its partner for a stay of publication of the Disciplinary Committee’s decision pending appeal.

Securities regulatory

  • Miu Hon Kit v The Stock Exchange of Hong Kong Limited [2020] HKCFI 675 – Acting for the Stock Exchange in judicial review proceedings brought by several non-executive and independent non-executive directors challenging the disciplinary decision of the Stock Exchange.
  • Longrun Tea Group Company Limited v The Stock Exchange of Hong Kong Limited [2021] HKCFI 1883 – Acting for the Stock Exchange in judicial review proceedings brought by a listed company challenging the delisting decision of the Stock Exchange. (Priscilla has acted for the Stock Exchange in several similar proceedings following the introduction of Listing Rule 6.01A, which facilitates the prompt delisting of long-suspended issuers.)