Greater China Region
Practice Areas
GENERAL CIVIL LITIGATION
Arbitration
Banking and Financial Services
Civil Fraud, Asset Recovery and Injunctive Relief
Commercial Law
International Law
Personal Injuries and Medical Negligence
Professional Liability and Discipline
Career
Commercial and civil litigation and arbitration, involving a full range of constitutional and commercial disputes, including disputes with international elements, banking disputes, professional negligence claims etc.
Since taking silk in 1987 he has acted as leading counsel for numerous substantial corporations, banks and financial institutions and for various governments and individuals in England, Hong Kong and elsewhere on a full range of commercial and constitutional matters. He has been instructed in numerous multi-week commercial trials and arbitrations and in innumerable interlocutory applications in commercial matters, both in England and in Hong Kong. Since 2002 he has practised primarily in Hong Kong, being regularly instructed by most of Hong Kong’s major firms of solicitors dealing with commercial work.
Mark Strachan’s practice has included a number of civil cases involving commercial fraud both in England (prior to 2002) and in Hong Kong. In consequence, he has frequently dealt with the impact of fraud on commercial actions (Mareva injunctions, limitation periods, etc).
Mark Strachan is frequently instructed to conduct cases outside Hong Kong, both in England and elsewhere.
Mark Strachan is available to sit as an arbitrator in all commercial and other civil matters.
Professional Memberships
QC (United Kingdom): 1987
SC (Hong Kong): 2013
Recorder (United Kingdom): 1990
Deputy High Court Judge (United Kingdom): 1993
Head of Chambers (London): 1995
Publications
Various articles published in Modern Law Review, New Law Journal and Solicitors Journal
Work Highlights
Astro v First Media [2018] HKCFA 12, 33
Regarded worldwide as a landmark decision on setting aside New York Convention arbitral awards.
Registrar of Hong Kong Institute of Certified Public Accountants v Stephen Wong [2017] 20 HKCFAR 556
Important case on the meaning and proper application of accounting standards.
Becky Kwan v Cathay Pacific Airways (2012) 15 HKCFAR 615
Widely-reported test case for Cathay employees concerning their employment entitlements.
Champion Concord v Lau Koon Foo (2011) 14 HKCFAR 837
Decision on the important topic of whether O14 and O86 applications are “final” or “interlocutory” for purposes of appealing to CFA.
Official Receiver v Chan Wing Hing (2006) 9 HKCFAR 545
Very important decision whereby statutory bankruptcy provision was held by CFA to be unconstitutional.
He has also been involved in a number of decisions of significant impact in the CA and CFI. An example is Hong Kong Aircraft Engineering Co Ltd v Liquidator of Oasis Hong Kong Airlines Ltd [2011] 2 HKLRD 471, which was part of the Oasis saga and one of the leading cases on aircraft liens.
He frequently conducts cases on behalf of the Government of Trinidad and Tobago, both commercial and constitutional, including acting for the Prime Minister and other senior law officers.
Education
Oxford University Studied for Doctorate in Law, University of Nancy, France
M.A.
University of Nancy, France
Studied for Doctorate in Law
Awards
French Government Scholar (1969)
St. Catherine's College, Oxford University
1968
Major Scholar
Inner Temple
1969
French Government Scholar
French Government
1969