Timothy Loh LLP
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The Firm

Timothy Loh LLP is an independent and internationally recognized legal adviser to some of the world's most sophisticated consumers of legal services. The firm represents Fortune Global 500 companies, family offices, asset managers, financial institutions and other business organizations and their key executives in matters of Hong Kong and international law.

Measured by the firm's rankings and those of its lawyers by independent editorial publications, the firm is a leader in banking, financial regulation, hedge funds, private equity, unit trusts and mutual funds, capital markets and corporate finance.

Why Clients Choose Us

We produce results.

We are deliberately small compared to our international law firm peers, adopting the highest level of selectivity in our recruitment and affording each client matter true senior level attention.

About Us

  • Who We Are
  • Awards and Rankings
  • Leadership

Services

Timothy Loh LLP advises and represents clients in mergers & acquisitions, the resolution of commercial disputes, securities litigation, white collar criminal defence and financial market and financial services activities.

Lawyer Contacts

For more information on how we can help you, please contact:

Timothy Loh
Managing Partner
Tel: +852 2899 0190
E-mail:

Practice Areas

  • Advisory
  • Litigation
  • Mergers And Acquisitions

Industry Sectors

  • Banking
  • Broking and Dealing
  • Electronic Systems
  • Hedge Funds
  • Insurance and Reinsurance
  • Mutual Funds
  • Private Equity

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Current Issues

  • The New Private Funds Exemption: an Update on Discussions with the Inland Revenue Department
  • SFC Imposes Restrictive Code of Conduct Updates upon Intermediaries to Combat Mis-Selling
  • Open-Ended Fund Companies: IRD Confirms Availability of Offshore Funds Exemption
  • Private Funds Tax Exemption: New Legislation to Re-Center Hong Kong as an Asset Management Center
  • Increased Transparency at Heart of Hong Kong Regulatory Changes
Read More ...

Featured Publications

  • A Guide to the Proper Execution of Deed in Hong Kong
  • PIPEs on the Stock Exchange of Hong Kong: A Primer for Private Equity and Hedge Funds
  • Setting Up In Hong Kong: A Guide for the Finance Industry
  • SFC Enforcement Action: Do's And Don'ts For Firms Receiving Investigation Notices
  • Financial Services Acquisitions: A Primer To Buying Securities Firms, Asset Managers, Insurers And Banks

Register for Events

The lawyers at Timothy Loh LLP regularly comment on legal developments and speak on the state of the law. Join us at one of our many events to hear our lawyers speak on current legal issues relevant to you.

To select one of our events, please click on the event title in the column to the right.

Events

  • Seminar: Defending An SFC Investigation: 2019 Annual Review
  • Seminar: Defending An SFC Investigation: 2019 Annual Review (February 20, 2019)
  • Seminar: Defending An SFC Investigation: 2019 Annual Review (February 18, 2019)
  • Seminar: Defending An SFC Investigation: 2019 Annual Review (February 13, 2019)
  • Seminar : The Proposed New Private Funds Exemption and Other Developments Affecting the Taxation of Funds (January 17, 2019)

Latest News

  • Another Landmark Case for Timothy Loh LLP as Firm Represents Activist Short Seller Andrew Left for Appeal
  • Chambers and Partners Identifies Firm Managing Partner as Leading Lawyer for 2019
  • IFLR1000 2019 Positions Firm As a Leading Practice
  • AsiaLaw Profiles 2019 Recognises Firm Position across Corporate and M&A, Investment Funds and Regulatory Practices
  • Insurance Specialist joins Timothy Loh LLP
Read More ...

Work with us

Timothy Loh LLP is committed to delivering results for clients. At the heart of this mission, we select individuals who have demonstrated superior intellectual ability, a passion for excellence and a desire to work as part of a collegial team.

Experienced Lawyers

  • Collegial Environment
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Law Students and Graduates

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  • Scholarship
  • Global Scholars Programme

Business Services Professionals

  • Working at the Firm

Securities Litigation: Success At The Court Of Final Appeal

For immediate Release. March 23, 2015.

March 23, 2015. HONG KONG -- TIMOTHY LOH SOLICITORS successfully represented Pacific Sun Advisors Ltd. ("Pacific Sun"), an investment manager, and Andy Mantel, its director, before the Court of Final Appeal ("CFA") in overturning their convictions for breaches of the Securities and Futures Ordinance ("SFO") as a result of failing to obtain SFC authorization to issue advertisements in respect of a collective investment scheme. In a unanimous ruling delivered on March 20, 2015, the CFA restored the acquittals reached at the original magistracy trial, determining that the professional investors exemption under the SFO, s. 103(3)(k) exempts the issuance of advertisements in respect of securities as long as the securities are sold or intended to be sold only to professional investors.

The CFA's decision represented the final result in a series of proceedings that began with the acquittal of Pacific Sun and Mr. Mantel at the Magistrates Court. The Securities and Futures Commission ("SFC") appealed the acquittals to the High Court. In that appeal, in which this firm did not act, the SFC argued that the professional investors exemption was available only if the advertisement itself stated that the securities were to be sold or were intended to be sold only to professional investors and that a process to screen investors to assess if they were professional investors was irrelevant. The High Court agreed with the SFC and the charges were remitted to the Magistrates Court. In light of the High Court's determination, on the re-hearing, Pacific Sun and Mr. Mantel were convicted even though the magistrate had found that Pacific Sun had only been selling the collective investment scheme to professional investors. On behalf of Pacific Sun and Mr. Mantel, this firm appealed the High Court's decision to the CFA and the CFA ultimately set aside the determination of the High Court, rejecting the SFC's arguments.

Commenting on the decision, Mr. Timothy Loh, Founder and Managing Principal stated: "The decision serves as a reminder that despite the enormous resources which regulatory bodies can bring to their enforcement matters, their interpretation of the law may sometimes be wrong and accordingly, there is a real possibility of prevailing in the end. The decision also highlights the complexity of financial market laws not only in terms of the proliferating number of these laws but also the difficulties in applying these laws and shows that even innocent differences in the understanding of these laws can result in regulatory investigations and white collar criminal prosecutions."

About the Firm

Founded in 2004, Timothy Loh LLP is an internationally recognized Hong Kong law firm focused on mergers & acquisitions, litigation and general financial markets and financial services matters. The firm is a leader in banking, financial regulation, corporate finance, capital markets and investment funds as measured by its rankings and those of its lawyers in leading independent editorial publications. The firm routinely acts for Fortune Global 500 companies. For more information, visit www.timothyloh.com.

Latest News
  • Another Landmark Case for Timothy Loh LLP as Firm Represents Activist Short Seller Andrew Left for Appeal
  • Chambers and Partners Identifies Firm Managing Partner as Leading Lawyer for 2019
  • IFLR1000 2019 Positions Firm As a Leading Practice
More Information

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