Bryan O'Hare

Practice Areas

Bryan has practiced continuously in Hong Kong for over 30 years with leading international law firms. He has extensive experience in all forms of dispute resolution including litigation, arbitration (ICC/HKIAC/CIETAC and ‘ad hoc’) and mediation. He usually advises clients on highly complex commercial and insolvency related disputes involving multiple stakeholders in different jurisdictions. He has a proven track record from three decades of experience and successfully managing high stakes multi-jurisdiction litigation including corporate fraud, cross-border insolvencies and receiverships and distressed or ‘special’ situations in Mainland China. He also advises on high profile personal bankruptcies and related litigation involving family group structures and trust arrangements.

Bryan has led some of Hong Kong’s most significant high profile commercial and insolvency cases from the Hong Kong Court of First Instance through to the Court of Final Appeal.

He also regularly advises on joint venture and shareholder disputes (including unfair prejudice remedies and quasi- partner structures), professional negligence claims, sale of goods/commodities disputes (including PPE disputes arising from the COVID 19 pandemic), regulatory investigations by the SFC and HKMA (advised a well-known investment bank to defend allegations of mis-selling financial products to retail investors following the collapse of Lehman Brothers), cryptocurrency disputes, corporate governance issues and employment disputes.

Bryan is often instructed on an urgent basis to obtain interim relief to obtain orders for asset preservation (injunctions/freezing orders) and asset disclosure and to advise on related asset recovery strategy.

- Bryan advises directors, shareholders, creditors and insolvency practitioners in the areas of:

- Advising on mutual recognition of insolvency proceedings between Hong Kong and the PRC

- Cross border insolvencies (including the PRC)

- Funding arrangements

- Letters of Request

- Liquidations and Bankruptcy (both compulsory and voluntary)

- Receiverships including fixed charge receiverships

- Recognition (including offshore “soft-touch” provisional liquidators) and ancillary appointments

- Voluntary arrangements for either companies or partnerships

Bryan and his team regularly work with insolvency practitioners to assist them to identify, secure and realise a company’s assets for the benefit of creditors. We have extensive experience advising on the following:

- Asset realisations including the sale of businesses, real estate and other valuable assets

- Enforcements of judgments

- Insolvent partnerships

- Investigation and asset tracing

- Recovery of foreign assets

- Claims against directors and officers and professional advisors

- Liquidation set-off issues

- Protection and realisation of intellectual property rights

Bryan has significant experience with the practical challenges usually faced by creditors and insolvency appointment holders seeking to exercise their rights and powers in the PRC and other Southeast Asian jurisdictions.

Career

Bryan was admitted as a solicitor in Scotland in 1991 and Hong Kong in 1993.

His career in Hong Kong began at Richards Butler (now Reed Smith) followed by Hogan Lovells and now Hill Dickinson (since 2015) where he is a Partner and Deputy Head of Office.

Professional Memberships

• Member of the Law Society of Hong Kong

• Member of the Law Society of England and Wales (registered foreign lawyer)

• Member of the Law Society of Scotland

• Member of INSOL International and the Restructuring and Insolvency Faculty of Hong Kong Institute of Certified Public Accountants

• Member of the advisory board of Roubrick

Publications

Legal texts:

Contributor to the Hong Kong Civil Procedure (the “Hong Kong White Book”)

Author of chapter ‘Insolvency and Companies’ in Bullen & Leake & Jacob’s Hong Kong Precedents of Pleadings (2013 First Edition, 2018 Second Edition, 2020 Third Edition and 2025 Fourth Edition).

Articles:

“New Reciprocal enforcement of judgment regime between Hong Kong and PRC introduced on 29 January 2024” – Lexology (30 January 2024)

Lexology Panoramic - Dispute Resolution 2024

Lexology Getting the Deal Through - Technology Disputes 2024

Lexology Getting the Deal Through - Dispute Resolution 2023

Lexology Getting the Deal Through - Dispute Resolution 2022

“Does the ‘Guy Lam Principle’ apply to arbitration clauses?” IBA, Insolvency and Restructuring International (November 2023)

Jurisdiction clause takes precedence over arbitration provision in reinsurance dispute | Hill Dickinson (28 January 2025)

Court decides it should rule on tribunal’s jurisdiction to avoid s.67 challenge | Hill Dickinson (17 December 2024)

Privy Council pivots from Hong Kong Court of Final Appeal to decide winding up petition does not offend against arbitration agreement | Hill Dickinson (24 June 2024)

English Court of Appeal dismisses public policy challenge to Hong Kong arbitration award | Hill Dickinson (11 June 2024)

Hong Kong’s Court of Appeal extends ‘Guy Lam Principle’ to arbitration agreements in Winding-Up Proceedings | Hill Dickinson (14 May 2024)

Liquidators have the final say on disclosure of information to creditors | Hill Dickinson (14 March 2024)

New reciprocal enforcement of judgments regime between Hong Kong and PRC introduced on 29 January 2024 | Hill Dickinson (30 January 2024)

Who foots the bill following the reversal of a bankruptcy order? | Hill Dickinson (28 September 2023)

Hong Kong’s Court of Final Appeal gives primacy to a foreign exclusive jurisdiction clause over insolvency jurisdiction in landmark case | Hill Dickinson (26 September 2023)

Landmark judgment from Hong Kong Court of Appeal on the effect of exclusive jurisdiction clauses in insolvency proceedings | Hill Dickinson (31 August 2022)

Getting the Deal Through – Dispute Resolution 2022 | Hill Dickinson (21 June 2022)

An overview on debt recovery enforcement processes in Hong Kong: from a perspective of China’s real estate liquidity crisis | Hill Dickinson (19 April 2022)

Who owes whom what? Nature of set-off under insolvency rules | Hill Dickinson (7 April 2021)

Personal

Bryan is an active thought leader in the legal sector. With almost three decades of experience, he has consistently demonstrated his deep understanding of complex legal issues and the evolving legal landscape. He contributes valuable insights and innovative perspectives through provoking and informative articles and speaking engagements on legal trends and developments. He is also a featured video presenter on an online legal media platform.

Clients

Bryan and his team act primarily for financial services companies, financial institutions, hedge funds and PE funds, turnaround management firms and insolvency practitioners (including court appointed liquidators and receivers) and high-net-worth private clients.

Bryan also acts for Boards of distressed companies and individual directors and a range of creditors.

We also act for clients across different sectors and HNWIs (trade and commodities disputes; shareholder/quasi partnership disputes; employment disputes and employment advisory including enforceability of restrictive covenants; and internal investigations).

Industry Sector Expertise

• Business and Professional Services

• Family Offices and High Net Worth

• Financial Investors

• Financial Services

Expert in these Jurisdictions

Hong Kong

Mainland China

United Kingdom

Languages Spoken

English (fluent)

French (semi-fluent)

German (conversational)

Work Highlights

• Re Guy Kwok-Hung Lam

• Re China Metal Recycling (Holdings) Ltd

• Casey McDonald and Jannie Wong v. Golden Dynasty Enterprises Limited (Receivers Appointed in BVI) & Others

• Magele Arthur Rainsford Penn v. Honour Bright Investments Limited (Receiver appointed in Samoa) & Others

• China Alarm Holdings Acquisition LLC & Anor v. Ing Alexander Yim Leung & Others

• China Everbright - IHD Pacific Limited v. Ch’ng Poh

• ADS v. Wheelock Marden & Others

Experience

All aspects of commercial litigation, arbitration (international and domestic) and restructuring and insolvency.

Bryan usually handles highly complex commercial and insolvency related disputes involving multiple stakeholders in different jurisdictions. He has a proven track record from nearly three decades of experience and successfully managing high stakes multi-jurisdiction litigation including corporate fraud, cross-border insolvencies and receiverships and distressed or ‘special’ situations in Mainland China. He also advises on high profile personal bankruptcies and related litigation involving family group structures and trust arrangements.

He has significant experience advising professional investors on exit strategies following China related bond defaults:

China bond defaults*

• China Forestry – advising Noteholder Group (multiple funds) on enforcement / litigation options following default of USD300,000,000 Notes

• Top Gain Industrial – advising Private Equity Fund on enforcement/litigation options in Hong Kong and the PRC relating to investment of USD30,000,000 following shareholder dispute.

• Chaoda Modern Agriculture (Holdings) Ltd – advising Bondholder Group (multiple funds) on enforcement strategy in Hong Kong and the PRC against and potential exit solutions following payment default on USD200,000,000 convertible bond (the Company ultimately agreed to redeem the bonds in full).

• China Medical Technologies – advising Bondholder Group (multiple funds) on enforcement strategy in Hong Kong and the PRC and potential exit solutions following payment defaults on USD150,000,000 and USD276,000,000 convertible notes

• Sino Forest Corporation - advising Ad Hoc Committee of Bondholders on multiple litigation and enforcement issues including arbitration proceedings arising from various timber trading contract disputes and related applications for interim asset preservation/disclosure orders.

• NQ Mobile Inc – advising Noteholder Group (multiple funds) on enforcement options following anticipated payment default and claims arising from false misrepresentations in a prospectus including injunction to freeze the proceeds of USD172,500,000 convertible senior notes.

• Rightway China Real Estate – advising the Security Trustee (Deutsche Bank) on enforcement action on behalf of lender group following payment default on USD500,000,000 facility agreement with a PRC property developer including obtaining urgent injunctive relief in Hong Kong.

Education