Yuen Tsz Chun, Frank

Director – Hong Kong Office

Education

BSc Accounting, Queen’s University Belfast, UK

LLM, The Chinese University of Hong Kong

Professional Qualifications

Member of the Hong Kong Institute of Certified Public Accountants

Certified Fraud Examiner, Texas, United States

Registered Appointment Taker and Insolvency Practitioner of the Administrative Panel of Insolvency Practitioners for Court Winding-Up in Hong Kong

Specialist Designation in Insolvency, SD (Insolvency) awarded by the Hong Kong Institute of Certified Public Accountants

Membership of professional committee

Member of the Restructuring and Insolvency Faculty Executive Committee (“RIF”), Hong Kong Institute of Certified Public Accountants (from 2010 to 2016 and from 2020 to 2021)

RIF Technical Sub-Committee (2019 – present)

Other appointment

Independent non-executive director of Global Sweeteners Holdings Limited (HKEX3889) (Mar 2016 to Dec 2018)

Summary Profile

Frank has over 27 years of experience in bankruptcy, compulsory liquidations, voluntary liquidations, receiverships, debt restructuring and litigation support. He has been appointed in hundreds of insolvency assignments in Hong Kong such as provisional liquidator and liquidator in compulsory winding-up and voluntary liquidation, trustees in bankruptcy proceedings and nominee in Individual Voluntary Arrangement. He has also acted as liquidator of companies incorporated in various offshore jurisdictions, such as BVI, Cayman Islands, Solomon Islands and Bermuda.

He has also been appointed as expert witness for various forensic accounting and litigation support assignments including investigations into suspected fraud cases, irregularities or improprieties for the purpose of civil or criminal proceedings, together with valuations of companies and shareholdings and giving expert testimony in Market Misconduct Tribunal, District Court and High Court of Hong Kong and courts in foreign jurisdiction.

Experience

Liquidator in Court Winding-up and voluntary liquidation and Trustee in bankruptcy/Nominee for IVA

Frank has been appointed as liquidator/provisional liquidators of over 100 public and private companies incorporated in Hong Kong, BVI, Cayman Islands, Bermuda and Solomon Islands. Recent appointments include :

– Lamtex Holdings Limited (HKEX1041) (Appointed by the High Court of Hong Kong)

– Guoan International Limited (HKEX143) (Appointed by the Grand Court of the Cayman Islands and the High Court of Hong Kong)

– Fresh Express Delivery Holdings Group Co., Ltd (HKEX1175) (Appointed by the Grand Court of the Cayman Islands)

– Goldstone Investment Group Limited (HKEX901) (Appointed by the High Court of Hong Kong)

– Grand Peace Group Holdings Limited (HKEX8108) (Appointed by the High Court of Hong Kong)

– Physical Beauty & Fitness Holdings Ltd (Appointed by the High Court of Hong Kong as Provisional Liquidator)

Frank also has substantial experience in acting as trustee in bankruptcy or nominee for IVA

under Bankruptcy Ordinance.

Expert Witness

Civil proceedings

(i) Forensic accounting/Funds Tracing Investigation

Frank was appointed by Pacific Electric Wire & Cable Limited, a Taiwanese company previously listed on the Taiwan Stock Exchange, as an expert forensic accountant to perform asset tracing and investigation which involved tracing of missing funds resulting from a series of alleged fraudulent transactions occurred over a time span of more than ten years and in numerous jurisdictions including Hong Kong, Singapore, Thailand, Taiwan, the USA, BVI and Vanuatu. Frank also attended courts in Hong Kong and other jurisdictions as expert witness to give evidence in respect of his investigation and opinions, and successfully assisted the client to recover assets of billion in Hong Kong. [HCCL16,17&18/2009] [FAMV5,6,7&8/2014]

Appointed as expert accountant to investigate the funds allegedly being misappropriated by an individual who is the director of three private companies, which engaged in substantial real estate investment in Hong Kong. He attended the High Court to give opinion evidence as an expert witness in the trial. [HCA2568/2013 & HCA570/2014]

Appointed as expert witness to provide his opinion on various accounting issues concerning allegations of potential breach of fiduciary duties of senior management and directors of a listed company in HK. He attended the High Court to give opinion evidence as an expert witness in the trial. [HCA677/2006]

Appointed as an expert witness to provide his opinion on the genuineness of a series of transactions of commodities trading which were subject to challenge in arbitration proceedings. The opinion expressed involved practices of international trade. He attended the arbitration tribunal to give opinion evidence as an expert witness in the trial.

Appointed as an expert witness to provide his opinion on the financial position and performance of a company engaged in real estate investment over a time span of 10 years in a proceeding. He attended the High Court to give opinion evidence as an expert witness in the trial. [HCA1357/2012 & HCA2498/2014]

(ii) Business Valuation

Appointed as expert witness to provide a valuation of issued shares in Luckin Coffee for the purpose of legal action in HK and overseas.

Appointed by the trustees of the property of a bankrupt as expert witness to value a block of shares in a listed company in HK in support of their application to the Court to set aside a pre-bankruptcy disposal of the said shares. He attended the High Court to give opinion evidence as an expert witness in the trial. [HCMP486/2017]

Appointments as expert witness relating to shareholders dispute matters: HCA1260/2015, HCA1265/2015, HCMP731&732/2014 (SJE), BVIHC(COM)140/2013 (SJE), HCCW318/2014, HCA1170&1456/2013, HCB6167/2012 and HCMP1482/2019 (SJE)

(iii) Quantum of Loss

Appointed by an international manufacturer and trader of telecommunication products as expert witness to provide an assessment of damages for a claim relating to breach of distributorship agreement.

Appointed as expert witness by an Australian company to assess damages on failure to fulfill the profit guarantee in an acquisition of a major subsidiary of a listed company in Hong Kong.

Appointed as expert witness in court proceedings between an individual and a renowned financial institution to assess the quantum of damages suffered by the individual due to alleged improper handling of his assets by the financial institution.

Matrimonial proceedings

Frank was instructed in numerous prominent matrimonial proceedings in Hong Kong to produce expert accountant reports and give expert testimonies in the District Court and High Court, Hong Kong. Frank has extensive experience in conducting business valuation and investigating misappropriation of matrimonial assets.

Recent appointments by Court as SJE (valuation): FCMP102/2022, FCMC11040/2021, FCMC4931/2022, FCMC9939/2017, FCMC4209/2023 and FCMP102/2022.

Regulatory related proceedings

Appointed by a specified person in a prosecution commenced by SFC in the Market Misconduct Tribunal pursuant to section 277 of Part XIII of Securities and Futures Ordinance as an expert witness to provide expert opinion on various issues concerning various allegations of culpability against the specified person. He attended the tribunal to give opinion evidence as an expert witness in the trial.

Criminal Proceedings

Appointed by Dr. Cho Kwai Chee, a former director of Convoy Global Holdings Limited (HKEX1019) as expert witness in DCCC 678/2019. He attended the District Court to give opinion evidence as an expert witness in the trial.

• Independent Investigation relating to Listed Companies

Appointed by an Independent Committee of the Board of National United Resources Holdings Limited (HKEX254) to conduct an independent investigation on various transactions and acquisitions involving its subsidiaries.

Appointed by an Independent Committee of the Board of Tansh Global Food Group Co. Ltd (HKEX3666) to conduct an independent investigation on various transactions made by its certain subsidiaries.

Appointed by the Special Investigation Committee of the Board of China Oil Gangran Energy Group Holdings Ltd (HKEX8132) to undertake forensic investigation in relation to the deconsolidation of certain subsidiaries.

Appointed by the Independent Investigation Committee of the Board of Mayer Holdings Limited (HKEX1116) in 2021 to undertake independent investigation into various alleged potential breach of fiduciary duties of its certain members of the Board, and in 2023 to undertake another investigation into various allegations of misappropriation of assets.

Appointed by the Special Investigation Committee of the Board of China U-Ton Future Space Industrial Group Holdings Limited (In Liquidation) (HKEX6168) to undertake forensic investigation in relation to a subscription of new shares issued by the company.

Appointed by the Special Investigation Committee of the Board of All Nation International Limited (HKEX8170) to undertake forensic investigation in relation to certain transactions undertaken by its subsidiary companies.

Appointed by the Independent Investigation Committee of the Board of Allegro Culture Limited (HKEX550) to undertake forensic investigation in relation to certain allegations against certain former officers and a substantial shareholder of the Company.

Administrator under Probate and Administration Ordinance, Cap 10

Appointed by the Hong Kong High Court as administrator upon its removal of the former administrator on the application of certain beneficiaries of the estate of the deceased. The estate included assets in Hong Kong and overseas [HCMP188/2018]

Appointed by the Hong Kong High Court as replacement Executor & Administrator upon the removal of the former administrator on the application of certain beneficiaries of the estate of the deceased. The estate included assets in Hong Kong and overseas [HCMP1043/2018].

Appointed by the Hong Kong High Court to replace the former trustee of a trust of the deceased upon the removal of the former trustee on the application of one of the beneficiaries. The Trust ultimately owns a company holding immovable properties of substantial value in Hong Kong [HCMP420/2021].

Appointed by the Hong Kong High Court as independent professional administrator to replace the former executor and trustee of the estate of the deceased upon his removal on the application of certain beneficiaries [HCMP2013/2018].

Trustee

Appointed as sole trustee to a trust set up to holds, among others, forestry assets in mainland China purchased from a company formally listed on Toronto Stock Exchange. The total book value of the assets under the Trust is over US$4 billion.

Scheme Adjudicator

Appointed as scheme adjudicator under the creditors’ schemes of arrangement undertaken by Rare Earth Magnesium Technology Group Holdings Limited (HKEX601) and Century Sunshine Group Holdings Limited (HKEX509).

Receivership

Appointed as sole receiver over the substantial/controlling shares in various listed companies as follows.

– New Western Group Limited (HKEX8242)

– China Art Financial Holdings Limited (HKEX1572)

– Zhongtian International Limited (HKEX2379)

– Great Wall Belt & Road Holdings Limited (HKEX524)

– Skyfame Realty Holdings Limited (HKEX59)

Frank was in-charge of a receivership under which receivers were appointed by Hutchison Whampoa over a BVI subsidiary company of a listed company which indirectly owned a 5-star hotel, Harbour Plaza Kunming.

Appointed by a group of lenders as joint and several receiver of shares in a major subsidiary of Guangzhou R&F Properties Co. Ltd (HKEX2777) which indirectly held 68 hotels and 1 office building in mainland China.

Appointed by Department of Justice of Hong Kong as receiver of a land property which was subject to confiscation order under Organized and Serious Crimes Ordinance.

Contact Yuen Tsz Chun, Frank today.