H.Y. Chong

Managing Partner

H.Y. Chong began his legal career with Azman Davidson & Co. in 1991 and has been with the firm ever since. He became the Managing Partner in 2012. He is also a Notary Public.

• Acted together with then senior partner of ADC for a public-listed company in Malaysia that was subject to a hostile take-over. Represented the clients in resisting the take-over in the courts, culminating in a leading Federal Court decision on Malaysian laws of take-over and mergers, and probably the first published action being taken by the Malaysian Panel on Take-overs and Mergers against the parties acting in concert to take over the company.
• Acted for the liquidators in the winding-up of one of the largest motor insurance company in Malaysia in mid-1990s. The insolvency of this company attracted national attention as it affected millions of people who had taken motor insurance with the company, and the livelihood of hundreds of employees and insurance agents. Lead a team of lawyers from ADC to handle thousands of motor insurance claims nationwide, to deal with the public and prepare press releases, to work with Bank Negara and other authorities to pay compensation to motorists across the country, and to advise on matters and handle litigations relating to the liquidation of the insurance company. The liquidation has taken over twenty years to complete.
• Acted for the Malaysian Communications and Multimedia Commission in a transaction for the implementation of mobile number portability system which enables mobile phone users to port their numbers between telcos.
• Acted in transactions that lead to the development of major commercial hub in the Melaka city centre Dataran Pahlawan.
• Acted in a dispute that spans over fifteen years and which recently lead to a reported Federal Court decision on the law relating to the powers of the subordinate courts and issue estoppel.
• Acted in a case which lead to an important Court of Appeal decision this year on contractor’s rights to retention sum in a construction contract. This reported case departs from an earlier Court of Appeal decision and has major implication on the construction industry. This case is now pending final appeal of the Federal Court to resolve the two conflicting Court of Appeal decisions.

HY Chong practises primarily in the areas of company law, insolvency, financing and security documentation and information technology. Major works that he has been closely involved with include:

• Advised and litigated in respect of a hostile take-over of a company listed on the Kuala Lumpur Stock Exchange
• Advised and litigated in respect of a revival of an abandoned housing development project in Melaka
• Litigated dispute among shareholders’ of a property investment company
• Advised and litigated in respect of the liquidation of a major motor insurance company in Malaysia
• Litigated dispute among shareholders’ of a manufacturing company
• Advised turnkey contract for a telecommunication system in Brunei
• Advised major aquaculture project in Kedah, Malaysia
• Advised agreement for the construction of the Putrajaya pink mosque
• Advised and prepared joint venture agreement for the revival of a high rise housing development
• Advised on agreement for the construction of the Putrajaya gas supply infrastructure
• Advised and prepared turnkey construction agreement in respect of a major commercial property development in Melaka city centre
• Advised and prepared agreement for design, build and lease of a private hospital in Kuala Lumpur
• Advised and undertaken legal due diligence review work for proposed reverse takeover of engineering company
• Advised and prepared agreement for the implementation of mobile number portability in Malaysia
• Advised and prepared joint venture agreement for design, build and lease of an international school in Kuala Lumpur
• Advised and undertaken legal due diligence review work in respect of a proposed acquisition of the rights and interests in an independent power producer in East Malaysia
• Advised and prepared agreement for design, build and lease of a university campus in Educity, Johor

• Gave a talk on the new Companies Bill 2015 entitled ‘Overview of Critical Components of Company Law’for the Bar Council Malaysia Outreach Programme in July 2016