Kok Seng is the firm’s specialist in aviation law, acting for major airlines, aircraft lessors and banks/collateral agents/security trustees in advising on local laws in relation to the sale and purchase, lease and/or financing and securitisation of aircraft. His clients include several of the largest aircraft leasing and management companies in the world.

The work undertaken by Kok Seng often includes documentation relating to the financing and securitization of aircraft leased to airlines in Malaysia as well as the sale and purchase of aircraft. Transactions sometimes also involve the disposal/acquisition of equity, leases, sub-leases and guarantees. Aircraft financing, leasing and sale/purchase deals typically involve multiple jurisdictions. Hence a sound knowledge of private international law principles is required.

Together with another partner in the firm, Kok Seng was involved in advising on the debt restructuring arrangement of a group of Malaysian companies in the airline industry that relates to their operating and finance leases as well as associated aircraft and engine maintenance contracts. This matter is significant as the application for the arrangement was made to the High Court in England and not a High Court in Malaysia. It is the first instance of a Malaysian corporate group applying to the High Court in England under new English companies legislation to implement a debt restructuring arrangement. We advised the foreign creditors of the Malaysian applicants on the Malaysian law aspects of the restructuring arrangement. 

At the same time, Kok Seng is experienced in mergers and acquisitions, foreign investments and real estate transactions (including those with cross border elements). He lately structured a deal for public-listed conglomerate Mega First Corporation Berhad whereby the client increased its effective shareholding in the 260MW Don Sahong hydropower project in Laos to 91.25%, through a USD85 million (RM396.95 million) transaction.

Kok Seng also advised Pos Logistics Berhad, a wholly-owned subsidiary of Pos Malaysia Berhad, in the disposal of its wholly-owned subsidiary, PNSL Berhad, to SWA Shipping Sdn Bhd for RM123.21 million. 

Kok Seng has been ranked by asialaw as a Leading Lawyer and as a Distinguished Practitioner in Corporate/M&A, being praised in a leading legal publication as having a “great command of legal issues in Malaysia and great client service”. The 2023 and 2024 editions of IFLR1000, a publication that is called “the guide to the world’s leading financial and corporate law firms and lawyers”, rated Kok Seng as “Highly Regarded” in the practice areas of Banking and M&A.

 In recent editions of The Legal 500 Asia Pacific, clients were quoted as saying: ”Chong Kok Seng is among the best asset finance attorneys in Malaysia” and “Chong Kok Seng is a star”.

Kok Seng authored the chapter on Malaysian aviation law in the 2nd – 8th editions (2014 – 2020) of The Aviation Law Review which is published by Law Business Research Ltd. From 2015-2020, he was the Vice-Chair of the Inter-Pacific Bar Association (IPBA) Aviation Law Committee.

TERTIARY QUALIFICATION

• Bachelor of Laws (Hons) (University of London)

PROFESSIONAL QUALIFICATION & MEMBERSHIP

• Advocate & Solicitor of the High Court of Malaya
• Admitted to the Malaysian Bar: 14th November 2003
• Certificate in Legal Practice, Malaysian Legal Profession Qualifying Board
• Member of the Malaysian Bar Council’s Corporate and Commercial Law Committee (since 2015)