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Allen & Overy (Hong Kong)
9th Floor
Three Exchange Square
Central
Hong Kong
China and Hong Kong

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  Simon Clarke

Partner

Hong Kong

Simon Clarke is a partner of the Hong Kong office of Allen & Overy. Simon has been conducting litigation and managing legal teams in multi-jurisdictional actions based out of Hong Kong for over 23 years. His practice focuses on special situations – complex disputes and investigations of significant financial or reputational risk. His emphasis is on clients in banking and financial services and the securities markets.

Simon regularly acts for banks and securities brokerages, market intermediaries and professional service providers in connection with disputes and regulatory investigations pursued by the Hong Kong Monetary Authority and the Securities and Futures Commission.

Experience

 

Currently advising a global investment bank on investigations by US and Hong Kong regulators concerning the hiring of individuals – sometimes known as “princelings”- being people with connections to influential political and economic figures in China and whether the bank has broken any laws and regulations.

Advising an international hedge fund in relation to the theft of valuable algorithmic trading strategies by a rogue employee who fled to Hong Kong from the UK.

Advising the Hong Kong branch of an international bank in relation to the Hong Kong aspects of a global investigation into alleged manipulation of LIBOR rates and the Hong Kong Monetary Authority requests for information regarding the conduct of staff in Hong Kong.

Advising an international brokerage on three SFC investigations involving allegations of market manipulation relating to the improper use of algorithms as part of the client’s trading activities.

Acted for a large Hong Kong bank in respect of a series of regulatory and criminal claims advanced against it regarding the alleged mis-selling of Lehman structured products, including assisting it to implement large scale investigation and review procedures, analysing and reviewing systemic failures to comply with the SFC's Code of Conduct.

Acted in High Court litigation for US hedge Fund, Passport Capital. A HK$140 million dispute with HK listed group eSun Holdings. The dispute was resolved just prior to a Court of Appeal hearing.

Running High Court litigation for CLSA in connection with underwriting of the listing of AMAX holdings, a Macau gaming company.

 

Professional qualifications

Admitted as solicitor, New South Wales, Australia, 1990.

Admitted as solicitor, Hong Kong, 1996.

Academic qualifications

BSc, Psychology with Physiology, Macquarie University, Sydney

LLB, Macquarie University, Sydney

Published work

Papers on trends and topical issues, Banking and Finance

Clarke. S, Nye. S (2011) "UK Bribery Act – Impact On Doing Business In China", South China Morning Post

Clarke. S, Nye. S (2010) "Beware the brown envelope", IFLR, December 2010/January 2011 edition

Clarke. S, Juwaji. A (2010) "Increasing Criminal Enforcement in the Banking Finance Sector", in Banking Today, 53, P35 - 40

Quoted in the press: "Companies could get caught in Asia as corruption rules tighten", Reuters News, by Rachel Armstrong, 20 January 2011

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