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Adrian Elms

Partner

Contact
Lau, Horton & Wise LLP, in Association with CMS Hasche Sigle, Hong Kong LLP
8th Floor, Nexxus Building, 41 Connaught Road Central,
Hong Kong
Languages Mandarin, Chinese, English

Born and bred in Hong Kong, Adrian is admitted as a solicitor in Hong Kong and England and Wales. He has over 20 years of experience in advising local and international clients in all types of contentious matters including court litigation, arbitration, insolvency, white-collar crimes and regulatory investigations.

Adrian has worked on many high profile court and arbitration cases in Hong Kong, the UK and the British Virgin Islands.  He has advised clients and conducted their court cases in all levels of courts in Hong Kong including the Hong Kong Court of Final Appeal and also in the Court of Appeal and the Judicial Committee of the Privy Council in the UK.  He has particular experience in advising listed companies as well as high-net-worth individuals on their commercial and shareholder disputes.

On the regulatory front, Adrian has extensive experience in assisting companies and their executives on investigations conducted by the Hong Kong Securities and Futures Commission (SFC), the Hong Kong Monetary Authority (HKMA), the Independent Commission Against Corruption (ICAC), and the Hong Kong Police.  He has been noted as a recommended lawyer for regulatory matters in Legal 500.

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Relevant experience

Dispute Resolution

  • China Railway Group in the Hong Kong Court of Final Appeal in the landmark case of FG Hemisphere Associates LLC v Democratic Republic of the Congo and China Railway, in which the Court of Final Appeal referred a number of questions on the interpretation of the Basic Law on the policy of state immunity applicable in Hong Kong to the Standing Committee of the National People's Congress of the PRC, pursuant to the provisions of the Basic Law.
  • A high-net-worth individual in a very substantial and long-running shareholder dispute with a former business partner with over 30 court cases between them mostly in Hong Kong but also in the British Virgin Islands, Singapore and Panama.  The nature of the legal proceedings commenced include breach of contract claims, breach of fiduciary duties claims, defamation claims, asset tracing, unfair prejudice proceedings, just and equitable winding-up proceedings, appointments of provisional liquidators / liquidators / receivers, injunction applications, committal proceedings, and directorship challenges.  Some of these cases progressed all the way to the Hong Kong Court of Final Appeal and the UK’s Judicial Committee of the Privy Council.
  • A Chinese airline in an English Commercial Court action (and the subsequent English Court of Appeal proceedings) concerning the sale of 6 redundant Airbus aircraft by the airline to an aircraft broker for over US$120m.
  • The liquidators and scheme administrators of a US$200m fund of hedge funds in legal actions in Hong Kong, the British Virgin Islands, Switzerland and the US for recovery of losses suffered by the fund as a result of a Ponzi scheme devised by its founder and the alleged failure of the fund's custodian, administrator, and auditor to detect the fraud.
  • A number of members of a prominent Hong Kong family in the banking and property development business in a shareholder dispute with another family member. The dispute relates to a Hong Kong private company which owns a shopping mall and also other investments in California and involves obtaining an injunction and a temporary restraining order in California and applying to the Hong Kong High Court to appoint receivers for the company to take over control of its affairs from the opposing family member.
  • Various companies and individuals engaged in crypto business in their disputes with shareholders, partners, service providers, and/or customers.
  • Parties in ultra high value international arbitrations including pre-IPO investment, sale and purchase of mines, and agency / supply contract disputes worth billions of dollars.

Financial Services Regulation

  • A leading PRC financial institution to conduct a comprehensive internal investigation into the operations and compliance culture of its Hong Kong securities subsidiary. The findings of the investigation led to the termination of employment of a number of senior employees and featured prominently in the subsequent regulatory investigations by the SFC.
  • An international investment bank in connection with a review of a component of its business following a complaint by a customer; assisting in the preparation of two reports to regulators and advising on the rights of the bank in relation to the conduct of specific individuals and the strategy for dealing with the regulators.
  • A leading Asian fund management company in connection with a SFC investigation into alleged insider trading.
  • The senior employee of an international investment bank with regards to regulatory investigations into alleged Hibor manipulation by various banks.
  • A local retail bank after the collapse of Lehman Brothers on the high profile regulatory investigations into its distribution of minibonds to retail customers; advising various employees (both front and back offices) of the bank and assisting them on all aspects of the investigations.
  • An individual affected by a restriction notice issued by the SFC under sections 204 & 205 of the Securities and Futures Ordinance against her securities broker to challenge its validity in the Securities and Futures Appeals Tribunal (SFAT).
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Memberships & Roles

  • Law Society of Hong Kong
  • Law Society of England & Wales
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Education

  • 2000 – LLB., The University of Hong Kong
  • 2001 – PCLL, The University of Hong Kong
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On the regulatory front, Adrian has extensive experience in assisting companies and their executives on investigations conducted by the Hong Kong Securities and Futures Commission (SFC), the Hong Kong Monetary Authority (HKMA), the Independent Commission Against Corruption (ICAC), and the Hong Kong Police.  He has been noted as a recommended lawyer for regulatory matters in Legal 500.

more less

Relevant experience

  • A leading PRC financial institution to conduct a comprehensive internal investigation into the operations and compliance culture of its Hong Kong securities subsidiary. The findings of the investigation led to the termination of employment of a number of senior employees and featured prominently in the subsequent regulatory investigations by the SFC.
  • An international investment bank in connection with a review of a component of its business following a complaint by a customer; assisting in the preparation of two reports to regulators and advising on the rights of the bank in relation to the conduct of specific individuals and the strategy for dealing with the regulators.
  • A leading Asian fund management company in connection with a SFC investigation into alleged insider trading.
  • The senior employee of an international investment bank with regards to regulatory investigations into alleged Hibor manipulation by various banks.
  • A local retail bank after the collapse of Lehman Brothers on the high profile regulatory investigations into its distribution of minibonds to retail customers; advising various employees (both front and back offices) of the bank and assisting them on all aspects of the investigations.
  • An individual affected by a restriction notice issued by the SFC under sections 204 & 205 of the Securities and Futures Ordinance against her securities broker to challenge its validity in the Securities and Futures Appeals Tribunal (SFAT). 
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Memberships & Roles

  • Law Society of Hong Kong
  • Law Society of England & Wales
more less

Education

  • 2000 – LLB., The University of Hong Kong
  • 2001 – PCLL, The University of Hong Kong
more less