Mark Cheng

Areas of Expertise

Mark's practice areas include:

• Will, Probate and Estate Litigation.  Mark specialises in Will, Probate, and Estate Litigation, providing guidance to clients embroiled in disputes concerning contested wills and allegations of executor misconduct. Additionally, he represents executors facing legal action for alleged breaches of duty.
• Bankruptcy protection.  Mark acts for individuals and advises them if they are suitable for voluntary bankruptcy protection.  He also assists clients to discharge from bankruptcy.
• Dispute Resolution (Insurance and Personal Injury): Public liability, property and casualty losses, motor and industrial accidents, workmen’s compensation, business interruption claims, and recovery proceedings.
• Corporate and Commercial Law: Foreign investment into Indonesia, joint ventures, mergers and acquisitions, franchising and licensing.
• International Arbitration: Advising on cross-border corporate, compliance, and regulatory affairs.
• Family Law and Divorce: Division of matrimonial assets, custody, care and control of children, prenuptial and postnuptial agreements, estate planning.
• Employment law disputes.
• Corporate and commercial law.  Mark has had a focus on foreign investment in Indonesia. He has advised clients in the energy, mining, oil and gas, aviation, shipping, and agriculture sectors, amongst others, on their joint ventures, mergers and acquisitions or franchising and licensing.
• Initial Public Offerings (IPOs).  Mark has worked on IPOs on the Main Board and the GEM of the Hong Kong Stock Exchange, including the listing of ZACD Group Limited, which raised HK$495 million, and the dual listing and global offering of LHN Limited, which raised HK$79.8 million in gross proceeds, amongst others.

In-House Counsel Experience

Mark has also served as in-house counsel at the Asia Regional Head Office of the Rakuten Group, during which he managed and advised C-suite on the group’s cross-border corporate, compliance and regulatory affairs, in English and in Japanese and in conjunction with global in-house counsel.

Professional Experience

Mark's professional highlights include:

Wills, Probate and Estate Litigation

• Representing a beneficiary to demand an account of profits from the administrator for undue influence and misuse of almost $3 million of the deceased's assets.
• Represented an executrix to successfully resist a $300,000 demand from the relative of a beneficiary who was alleged to lack capacity. The relative was not a named beneficiary under the testator's will.

Bankruptcy Matters

• Acting for individuals who are seeking protection under self-bankruptcy or protection under the Debt Repayment Scheme.

Dispute Resolution (Insurance and Personal Injury)

• Representing and advising the public liability insurers of an engineering company whose negligence resulted in damage to a subterranean sewage pipe belonging to the Singapore government, causing environmental losses and resulting in over S$300,000 in repair costs.
• Representing the public liability insurers of a prominent local food chain in a business interruption claim involving the temporary closure of the claimant’s outlet allegedly due to a sub-contractor’s negligence, causing water damage.
• Representing the public liability insurers of a global hospitality chain who faced a complaint by a holiday goer for loss of enjoyment of holiday.
• Representing the Motor Insurers’ Bureau in an originating application before the Court regarding the ambit of the Public Trustee’s powers. The preliminary issue was whether the application if heard and determined would constitute a fettering of the Public Trustee’s discretion by the Court. The Court received written submissions on points of administrative law.
• Representing the insurers of a negligent motor car driver in a personal injury claim whereby the claimant claimed for government subsidies and grants which were applied towards her medical expenses, as an exception to the doctrine of collateral benefits. The claimant sought to expand the established categories of exceptions under the doctrine: Eng Beng v Lo Kok Jong[2022] SGDC 130. Successfully resisting the claimant’s appeal to the District Judge in chambers: Eng Beng v Lo Kok Jong [2022] SGDC 214.

Dispute Resolution (Commercial)

• Acting for an F&B group against an errant shareholder in relation to the shareholder’s fraudulent misappropriation of funds in the group’s Indonesian subsidiary, and conducting substantial rectification and restructuring work on the Indonesian subsidiary.
• Acting for the Indonesian subsidiary of a German MNC and advising on Indonesian manpower laws and regulations in the dismissal of a senior employee for misconduct and embezzlement.

M&A / Corporate and Commercial

• Acting for a SGX mainboard-listed company in the food and beverage line of business, in its joint venture in Indonesia for its franchising business.
• Acting for an established Singapore medical group in its investment into Indonesia via a joint-venture structure.
• Acting for a Singapore company in the international courier line of business in its joint-venture transaction in Indonesia.
• Acting for a Hong Kong company in the agriculture line of business in its joint venture with an Indonesian partner.
• Acting for a Hong Kong bank to issue a legal opinion on a facility letter entered between the bank and a borrower.
• Advising a Hong Kong government agency on the renewal of its commercial lease in Singapore.

Legal Due Diligence (Public Offering)

• Acting as Singapore legal advisor to the Sponsor in relation to Singapore law for the listing of ZACD Group Limited on the GEM of the Hong Kong Stock Exchange, and reviewing and commenting on the legal due diligence report prepared by ZACD Group Limited’s legal counsel in respect of its businesses in Singapore, namely fund management, property management, project management and real estate agency.
• Acting for LHN Limited in conducting legal due diligence on its Indonesian subsidiaries whose businesses include property investment and development and logistics operations, for the purposes of dual listing on the Main Board of the Hong Kong Stock Exchange. Legal due diligence work included, amongst others, business license verification, reviewing the Indonesian entities’ commercial contracts, and verification of assets claimed to be owned by the Indonesian entities.

Family Law and Divorce

Mark advises clients on divorce and family law matters, including division of matrimonial assets, custody, care and control of children.  He also advises his clients on prenuptial and postnuptial agreements and estate planning.

Language Proficiency

Mark is proficient in English, Mandarin, and Japanese, with a working knowledge of Bahasa Indonesia, enabling him to effectively communicate and advise clients across multiple jurisdictions.

Media

What should I do if I am travelling by bus to Malaysia and get into an accident? - The Straits Times 

Contact Us

Mark Cheng's extensive experience and expertise make him a valuable advisor for your legal needs. Contact us today to discuss how Mark and the PKWA Law team can assist you.