Elaine Chen practises general civil and commercial litigation and dispute resolution, including a full range of banking, contractual, tort, companies trust and tax matters, with particular experience in contentious probate and estate administration, mental health, tax and trust, private wealth, boardroom and shareholders dispute.
Elaine has acted as legal adviser to many Hong Kong and overseas-listed corporations and financial institutions, and ultra high net worth individuals and trusts and has wide-ranging experience in challenging big ticket litigation.
Elaine is a member of our global Tax Risk team.
- Yang Foo-Oi v Wai Wai Chen (specific performance, equitable compensation and account for profits, CFI 2016 successfully obtained a judgment sum of over HKD8.3billion)
- Fok Ying Tung Ming Yuan Development Co Ltd (CFI 2016, successful objection to a capital reduction application)
- CIR v Li & Fung (Trading) Ltd (source of profits, CA 2012 successfully appealed against CIR's determination)
- Wang Din Shin v Nina Kung (CFA, 2006 successfully defended a forged will claim against the former wealthiest woman in Asia)
Contentious Commentary: Hong Kong November 2019
22 October 2019
A recent Hong Kong Court reminder to non-executive directors regarding their duty to enquire and investigate in the face of red flags
27 August 2019
Hong Kong Court of Final Appeal definitively rules in favour of taxpayer that its receipt arising from disposition of land is not chargeable to profits tax
18 July 2019
Hong Kong court rules directors who signed incorrect company tax return not liable to penalty tax
3 December 2018
Hong Kong Court challenges long-established practice of the Commissioner of Inland Revenue when dealing with an objection to tax assessment
6 November 2018
Career and qualifications
- University of Bristol (LLB) 1996
- Johnson Stokes and Master (now Mayer Brown), Hong Kong 1997
- Admitted as a solicitor in Hong Kong 1999
- Admitted as a solicitor in England & Wales 2000
- University of London (LLM) 2004
- Joined Clifford Chance as a Partner 2008
- Member of STEP
- Member of the Taxation Institute of Hong Kong
Awards and citations
- Sources recognize Elaine Chen’s expertise in handling contentious tax matters on behalf of corporate clients, financial institutions and high net worth individuals. Interviewees note her "great commercial sense, experience in this area" and "her thorough understanding of clients.“
Chambers Asia Pacific 2020, China, Tax: Hong Kong Law (International Firms)
- Elaine Chen enters the rankings owing to extensive praise for her contentious tax and private wealth practice. One commentator observes: "Elaine is extremely meticulous, very devoted to the case and knows when and when not to push, which requires mature judgement.“
Chambers Asia Pacific 2020, China, Dispute Resolution: Litigation (International Firms)
- 'Very knowledgeable about Hong Kong tax law', Elaine Chen has 'a great deal of experience in dealing with officers of the Hong Kong Inland Revenue department and courts’.
Legal 500 Asia Pacific 2019, Hong Kong, Tax and trusts