Profile of Legal Firm: Thong Seng Kong & Associates

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PROFILE OF LEGAL FIRM

THONG SENG KONG & ASSOCIATES

ADVOCATES & SOLICITORS


PEGUAMBELA & PEGUAMCARA

26-1, Jalan PJS 8/18,


Dataran Mentari, Bandar Sunway,
46150 Petaling Jaya, Selangor Darul Ehsan
Tel : 03-5630 1936 & 03-56112966 Fax : 03-5630 1939
THONG SENG KONG & ASSOCIATES
ADVOCATES & SOLICITORS

PROFILE OF

THONG SENG KONG & ASSOCIATES


ADVOCATES & SOLICITORS

1. INTRODUCTION

The legal firm was officially established in February 2005 under


the ambit of the Legal Profession Act 1976 jointly by Mr. Thong Seng
Kong and Mr. Desmond Lau Jeng Sieng in Petaling Jaya, Selangor Darul
Ehsan in the name and style of Messrs Thong Seng Kong & Associates,
Advocates & Solicitors (hereinafter referred to as “the Firm”).

In order to carry out the Firm’s duties and obligations towards its
clients, the Firm is acutely aware and believes that honesty is always the
best policy with transparency being the key to a never ending mutually
beneficial relationship.

The experience that the partners have gained over the years in
public service, private sector and legal practice coupled with vast
knowledge in law and related areas will ensure that the duties and
responsibilities entrusted by its clients will be delivered in an efficient and
professional manner.

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THONG SENG KONG & ASSOCIATES
ADVOCATES & SOLICITORS

The Firm is highly committed to deliver excellent legal services to


its clients regardless of the type of works which the Firm is entrusted to
handle. In its endeavours, the Firm recognizes the need to optimize
professional expertise. Hence, the Firm is always well equipped with
up-to-date facilities for the preparation of legal documentations, research
works and related activities.

The Firm always ensures that its strength will rest on the
commitment and teamwork of its entire organization.

The Firm is keen to share optimism with all its clients and
prospective ones.

2. PARTNERS AND ASSOCIATES

(i) Mr. Thong Seng Kong


Bachelor of Jurisprudence (Hons) Malaya
Advocate & Solicitor, High Court of Malaya

(Partner)

(ii) Mr. Desmond Lau Jeng Sieng


LL.B (Hons) London, CLP
Advocate & Solicitor, High Court of Malaya
Advocate, High Court of Sabah and Sarawak

(Partner)

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THONG SENG KONG & ASSOCIATES
ADVOCATES & SOLICITORS

(iii) Mr. Thong Chee Whei


LL.B (Hons), Multimedia University
Advocate & Solicitor, High Court of Malaya

(Legal Assistant)

3. PROFILE OF PARTNERS & ASSOCIATES

(i) Mr. Thong Seng Kong

Mr. Thong Seng Kong was called to the Bar on 4.12.2004 and
subsequently practiced as a sole proprietor under the name and style of
Thong Seng Kong & Associates before Mr. Desmond Lau joined as a
partner of the firm in March 2005.

Prior to setting up his legal practice, Mr. Thong Seng Kong had served in
the Royal Malaysia Police as a Senior Police Officer for 25 years. He
opted out in 2004 while holding the rank of Chief Inspector with the
designation Prosecution Officer at the Petaling Jaya Sessions/Magistrates
Courts. Throughout his tenure of service, Mr. Thong Seng Kong had been
in the Criminal Investigation Department whereby the job specifications
essentially encompassed investigation and prosecution.

While serving in the Royal Malaysia Police, Mr. Thong Seng Kong
commenced reading law on a part time basis in 1996. He obtained his
Bachelor of Jurisprudence from University Malaya in 1999 and the
Certificate in Legal Practice (CLP) a year later. Though qualified, Mr.

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THONG SENG KONG & ASSOCIATES
ADVOCATES & SOLICITORS

Thong Seng Kong continued serving the Royal Malaysia Police until April
2004 after which he went for optional retirement.

Mr. Thong Seng Kong had accumulated a wealth of experience in the


legal field while serving in the Royal Malaysia Police. The experience
gathered was wide and varied and not limited to criminal law only.
Dealing with banks and financial institutions was among others an integral
part of his duties. Besides that, encounters regarding matters relating to
land, agreements and loans together with the procedures thereof were also
common in the daily routine then.

As an experienced man who had not only seen much when serving in the
Royal Malaysia Police but found comradeship among fellow colleagues
and confidence among friends, Mr. Thong Seng Kong set out to start his
practice knowing that there would be full support from all quarters known
to him. To date, Mr. Thong Seng Kong has been involved in a variety of
works ranging from corporate, conveyancing, civil, labour and industrial
relations and criminal matters. To this end, Mr. Desmond J.S. Lau has
come in to the firm as a partner to create synergy for the betterment of the
firm.

(ii) Mr. Desmond J.S. Lau

Mr. Desmond J.S. Lau graduated from the University of London with a
Bachelor of Law Degree (Honours) in 1999. Thereafter, he pursued and
obtained his Certificate in Legal Practice from the Malaysia Legal
Qualifying Board.

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THONG SENG KONG & ASSOCIATES
ADVOCATES & SOLICITORS

After graduating in 1999, Mr. Desmond J.S. Lau embarked on a career in


the private sector whereby the experience gathered included the areas of
administrative operations and marketing planning. Besides that, he also
provided general legal opinion to the management and ensures compliance
with regulations and procedures.

Thereafter, Mr. Desmond J.S. Lau joined M/s Maphilindo International


Sdn. Bhd., one of the leading adjusting companies in Malaysia as a Loss
Adjuster (Legal Division). He was deeply involved in all types of
insurance claims, particularly on public/product/employer liability, theft,
jewelers block and armed hold-up, goods in transit, professional
indemnity, fidelity guarantee and etc. He also provided legal opinion on
corporate and legal issues to the company’s management and various
operation departments.

Mr. Desmond J.S. Lau was called to the Bar on 12.09.2003. In relation to
his experience in legal practice, he did his pupillage in the chambers of
M/s Mah Weng Kwai & Associates, Advocates & Solicitors from October
2002 and thereafter continued as a Legal Assistant in the same firm. He
was vastly exposed to matters relating to civil/commercial litigation,
particularly for banks and financial institutions and debt recoveries, motor
accident claims, general insurance claims, general probate and
administrations, injunction, divorce, execution of judgment, conveyancing
and etc. He was also involved in land related matters, breach of tenancy
agreements, recovery of rentals i.e. distress action.

Mr. Desmond J.S. Lau joined M/s Thong Seng Kong & Associates as a
Partner in March 2005 and handles all types of litigation, conveyancing
and loan matters. Presently he also acts as a consultant to M/s Jarrettrust
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ADVOCATES & SOLICITORS

Will-Writing Services based in Johor and provides general legal


consultancy to the company and conduct seminars, public talks, training
on the company’s associates on law of succession (wills, probate &
administration), family law, insurance law & etc.

(iii) Mr. Thong Chee Whei

Mr. Thong Chee Whei graduated from Multimedia University with a


Bachelor of Law Degree (Honours) in 2015. Thereafter, he completed his
pupillage at Naqiz & Partners and was called to the bar in 2016.

Mr Thong Chee Whei joined Messrs Zulrafique & Partners in 2017 and
subsequently, joined Messrs Chooi & Company + Cheang & Ariff. He has
handled various matters which include amongst others, advising, drafting,
reviewing on cross border transactions and providing legal opinion
(including Labuan laws) on transactions under a Malaysia law perspective.
Furthermore, he specialises in drafting of legal documents i.e high profile
corporate financing, sale and purchase, intellectual property, licensing,
technology etc…

Mr Thong Chee Whei is also well verse with arbitration, adjudication and
litigation matters related to construction industry. He has gained
considerable knowledge on CIPAA since starting his practice back in
2016. He has appeared before the Court of Appeal in litigations matter
involving building contracts and construction disputes.

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THONG SENG KONG & ASSOCIATES
ADVOCATES & SOLICITORS

4. SCOPE OF SERVICES

Civil Litigation

Taking instructions for filing legal actions in High Courts and Subordinate
Courts, and/or defending against legal actions, handling applications for
summary judgments, striking out proceedings, setting down for trials,
appeals to Judges in Chambers or the Courts of higher jurisdictions and all
other related civil proceedings for matters which are set forth as follows:

i. debt collection for banking and financial institutions as well as


corporations and individuals including debts arising out of
secured/unsecured transactions for all types of loans and overdraft
facilities, hire purchase/lease, goods sold and delivered, services
rendered, credit card and other related matters;

ii. claims for rental of arrears for landlords for commercial properties
including industrial and shop office/buildings;

iii. foreclosure proceedings for charged or assigned properties


following non-performance of loans;

iv. execution of judgments by way of bankruptcy against individuals,


winding up against corporations, garnishment proceeding, writ of
seizure and sale and judgment debtor summons;

v. lawsuits which involve restraining orders, injunction, specific


performance and actions arising out of tortuous liability;

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THONG SENG KONG & ASSOCIATES
ADVOCATES & SOLICITORS

vi. divorce, application for letters of administration and grant of


probate and distribution of deceased estate;

vii. industrial relations matters;

viii. labour law matters; and

ix. insurance matters.

Construction and Adjudication

Taking instructions for filing legal actions under the Construction Industry
and Payment Adjudication Act 2012 (CIPAA). The adjudication
proceedings are to ensure that any payment dispute relating to construction
work may be resolved in a speedy but interim manner and thereby
facilitating the cash flow in the construction industry under CIPAA

Corporate and Commercial

Preparation of sale & purchase of shares agreements and all relevant


documents thereto, power of attorney, joint venture agreements, tenancy
agreements and other related services such as affirming, adjudicating and
registration of titles and necessary documents with Suruhanjaya Syarikat
Malaysia.

Preparation of legal transaction documents and bundle i.e corporate


financing related transactions, mergers and acquisitions and matters
involving cross jurisdictions, finance, banking and land-related matters.
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ADVOCATES & SOLICITORS

Criminal Litigation

We act for clients in various types of cases generally including


Commercial, Securities, Corruption, Anti Money Laundering,
Occupational Safety, EPF, Drugs, Penal Code, Immigration cases.

Conveyancing & Loan

i. Preparation of sale & purchase agreements (for both projects and


sub-sale), loan documentations and other relevant documentations
for Developers i.e. Island Circle Development (M) Sdn Bhd, Padu
Waja Sdn Bhd, Excelfirst Development Sdn. Bhd., Wawasan Asli
Sdn. Bhd., Perumahan Setia Maju Sdn. Bhd., and individuals,
corporate companies and real estate companies including services
such as affirming, adjudicating, registration of titles, discharge of
charge, receipt & re-assignment and other matters in respect of
land dealings.

ii. Representing various Banks in preparation of loan documentation


for financing and re-financing of housing and commercial
properties for both individual and corporate borrowers. We were in
the panelship of Public Bank Berhad, Public Islamic Bank Bhd,
Malayan Banking Berhad, Maybank Islamic Berhad, CIMB Bank
Bhd, CIMB Islamic Bank Bhd, Hong Leong Bank Berhad, Hong
Leong Islamic Bank Berhad, Alliance Bank Malaysia Berhad,
Alliance Islamic Bank Bhd, Standard Chartered Bank Malaysia
Berhad, Standard Chartered Saadiq Bhd, United Overseas Bank
[Malaysia] Bhd, The Bank of Nova Scotia Berhad, RHB Bank

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THONG SENG KONG & ASSOCIATES
ADVOCATES & SOLICITORS

Berhad, AIA Bhd and Bank Simpanan Nasional in loan transaction


documentations.

iii. Representing Banks in preparation for commercial loans involving


facilities including but not limited to Fixed Loan, Overdraft and
Trade Facilities and etc. We were involved in doing commercial
loans for Public Bank Bhd, United Overseas Bank [Malaysia] Bhd
and Alliance Bank Malaysia Berhad.

iv. Preparing tenancy agreements for individuals, developers, real


estate companies as well as corporate companies and all relevant
documents thereto, including industrial matters such for
commercial and industrial units.

General

i. Advising individuals and corporate clients on a retainer basis.

ii Our clients include the following Public listed companies and other
private limited companies who are major players in their own
fields as follows -

JAKS RESOURCES BHD

NOTION VTEC BHD

TSH RESOURCES BHD

HYTEX INTEGRATED BHD


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ADVOCATES & SOLICITORS

SEE SONG & SONS SDN BHD - Construction services for


marine, dredging and reclamation works, civil engineering works
including build and design

ZOLANO SDN BHD - Furniture manufacturer, distributor and


exporter

TROPICANA LIFE SDN BHD - Garment Manufacturer,


distributor and exporter.

5. SCALE OF FEES

As regards to non-conveyancing matters, the scale of fees depends on the volume


of cases referred to the Firm. It is also depending on the complexity of a particular
matter. The Firm is always flexible in the computation of legal fees and willing to
discuss on a rate which is deemed suitable to all parties in order to maintain good
relationship with its clients. As for conveyancing matters, the Firm subscribes to
the Solicitor’s Remuneration Order 2005.

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