Jimmy Chan is a Partner of Jingtian & Gongcheng LLP, specializing in regulatory investigations and litigation proceedings.

Jimmy spent 14 years with the Hong Kong Securities and Futures Commission (SFC), where he served as Director and Head of International and Policy of the Enforcement Division. In this role, he worked closely with international financial regulators, including the China Securities Regulatory Commission and the US Securities and Exchange Commission, and handled international cross-border investigations. He also has substantial experience in listed company investigations and SFC disciplinary proceedings involving financial intermediaries, appearing before the Securities and Futures Appeals Tribunal.  He received the SFC Individual Outstanding Award twice for his work on disciplinary appeals and Lehman Minibond investigations. 

Since returning to private practice, he has successfully represented licensed corporations, listed companies and their directors in HKEx’s enquiries and SFC’s investigations.  He has also assisted a listed company in lifting a trading suspension imposed by the SFC under the Securities and Futures (Stock Market Listing) Rules.

Jimmy studied law at the University of Hong Kong and obtained postgraduate law degrees from University College London (Chevening Scholar) and Harvard Law School (Harvard HKJC Postgraduate Scholar).  He is qualified as a solicitor in Hong Kong and England and Wales, and as an attorney in the State of New York.  He has been a contributing editor of Sweet & Maxwell’s Securities and Futures Ordinance: Commentary and Annotations.  

Education

Master of Laws, Harvard Law School

Bachelor of Chinese Law (external degree), Peking University

Master of Laws in Commercial and Corporate Law (Merit), University College London

Bachelor of Laws and PCLL, University of Hong Kong

Experience

Partner, Jingtian & Gongcheng LLP

Partner, Clifford Chance

Hong Kong Securities and Futures Commission

Professional Qualification

Admitted as a solicitor in Hong Kong SAR

Admitted as a GBA lawyer in the Greater Bay Area, PRC

Admitted as a solicitor in England and Wales (non-practising)

Admitted as an Attorney-at-Law in New York

China-Appointed Attesting Officer

Awards and Scholarships

SFC Outstanding Contribution Award – Individual Award (securities and futures appellate work)

SFC Outstanding Contribution Award – Individual Award (Lehman Brothers Minibond-related investigations and resolution)

British Chevening Scholarship

Harvard University Hong Kong Jockey Club Scholarship

Appointments / Memberships

Council Member, The Law Society of Hong Kong

Chairman, Standing Committee on Compliance, The Law Society of Hong Kong

Member, The Higher Rights Assessment Board

SFC Outstanding Contribution Award – Individual Award (securities and futures appellate work)

SFC Outstanding Contribution Award – Individual Award (Lehman Brothers Minibond-related investigations and resolution)

British Chevening Scholarship

Harvard University Hong Kong Jockey Club Scholarship

Experience since returning to private practice in 2018 includes:

• Lifting the trading suspension by the SFC - assisted a Hong Kong listed company based in Shenzhen in lifting a trading suspension imposed by the SFC under the Securities and Futures (Stock Market Listing) Rules, the first-ever case of its kind.
• Enquiry from SFC Corporate Finance Division – successfully represented a Hong Kong listed company based in Shenzhen in an enquiry by the SFC Corporate Finance Division under section 179 of the SFO in relation to the fairness of the transactions announced by the listed company.
• Suspected false and misleading disclosure in corporate announcements – successfully defended a Hong Kong listed company based in Hangzhou and its board of directors in HKEx’s enquiry and subsequent SFC investigation into the accuracy of the contents of the company’s announcements under sections 277, 298 (disclosure of false or misleading information) and 384 (Provision of false or misleading information) of the SFO.
• Market manipulation – acted for the Chairman of a Hong Kong listed company and his associates in an SFC investigation into suspected market manipulation of his own company’s shares.
• Potential regulatory liabilities – advised the Chairman of a Hong Kong listed company based in Shanghai regarding potential regulatory liabilities under regulations administered by the HKEx and the SFC.
• Disciplinary action and resolution – Represented the Hong Kong licensed subsidiary of an international investment management company in an SFC investigation concerning suspected unlicensed activities and successfully resolved the disciplinary action under section 194 of the Securities and Futures Ordinance (SFO).
• Internal controls and record keeping issues – successfully defended a Hong Kong licensed asset manager in an SFC inspection and subsequent investigation in relation to its internal controls and record keeping issues.

Experience when he was in the public sector includes:

• Cross-border securities investigations - Worked with international financial regulators, including the China Securities Regulatory Commission (CSRC), the US SEC, the UK Financial Conduct Authority, the Australian Securities and Investments Commission, the Financial Services Agency of Japan, the Monetary Authority of Singapore and the Securities Commission Malaysia among others, and handled cross-border investigatory and enforcement actions.
• SFC disciplinary proceedings – Handled disciplinary proceedings involving financial intermediaries (sponsors’ issues, mis-selling issues, internal controls issues, etc.) and represented the SFC before the Securities and Futures Appeals Tribunal.  Closely involved in the Lehman Brothers Minibond resolution with banks.
• Stock Connect with China – closely involved in the setting up of the CSRC-SFC enforcement cooperation arrangements in connection with Mainland China-Hong Kong Stock Connect. Handled the first CSRC-SFC enforcement collaboration under the Stock Connect where the market manipulator was fined CNY 1.2 billion (around USD 154 million) by the CSRC.
• Collaboration with Hong Kong regulators – represented the SFC Enforcement Division in liaison meetings with the Hong Kong Monetary Authority, the Insurance Authority, the Customs and Excise Department and Mandatory Provident Funds Authority in relation to enforcement and anti-money laundering issues.
• International enforcement collaboration – represented Hong Kong SFC at Committee 4 (Enforcement and the Exchange of Information) of the International Organization of Securities Commissions. Negotiated bilateral and multilateral MOUs with international financial regulators.
• Domestic policy matters – handled miscellaneous policy matters including SFC Code of Conduct and legislative amendments concerning enforcement and participated in various cross-divisional policy projects.
• IMF Financial Sector Assessment Program (FSAP) review and Financial Action Task Force (FATF) review – prepared responses regarding Enforcement-related principle for FSAP and FATF reviews.