Kelly Shum

BARRISTER

Call: 2018

Kelly commenced full practice in 2018 following the successful completion of her pupillage with Mr Horace Wong S.C., Mr Peter Duncan S.C. (on extension), Mr MC Law (now Mr MC Law S.C.), Mr Norman Nip (now Mr Norman Nip S.C.) and Ms Catherine Wong.  She has a wide spectrum of practice encompassing civil, land and regulatory law.  

Kelly is frequently instructed together with lead counsel or alone.  Kelly also has experience in different levels of Court, including having appeared as sole advocate in the District Court and the Court of First Instance, and having been led in the Court of First Instance and the Court of Appeal.  Kelly is also conversant with arbitration, including those administered under the HKIAC rules, the UNCITRAL rules and the ICC Rules. 

Kelly graduated with a First Class Honours degree in Law from the University of Hong Kong and was on the Dean’s Honours List for three consecutive years from 2013 to 2015.  She then obtained a Master of Laws degree from the University of Cambridge (with first class overall) and PCLL from the University of Hong Kong (with distinction).  During her PCLL year, she obtained the Thomson Reuters Law Prize for being the most promising student intending to be a barrister and the Brian McElney Medal in Law for achieving the best overall performance in compulsory PCLL courses.

Kelly has a professional command in Cantonese, Putonghua and English, and is capable of delivering written work in Chinese and English.

RECENT HIGHLIGHTS

  • Securities and Futures Commission v DFRF Enterprises LLC & Ors (HCA 2189/2016): Acted for the SFC in proceedings under s213 of the Securities and Futures Ordinance (Cap. 571) for recovery of sums made by investors failing victim to investment scams (led by Mr Norman Nip S.C.).
  • Southwest Securities (HK) Brokerage Ltd v Nieumarkt Investments Ltd & Ors [2020] HKCFI 1050 & [2021] HKCA 740: Instructed by the Plaintiff as junior counsel on an appeal against the first instance Judge’s ruling and successfully obtained final judgment for claimed sum against D1 and D2 on appeal (with Mr MC Law (now Mr MC Law S.C.)).
  • An ICC Arbitration concerning Breach of distributor agreement claim: Instructed by a famous liquor distributor as junior counsel for a 4 evidentiary hearing under the ICC Rules involving a HK$150 million claim and a HK$100 million counterclaim arising from a distributor agreement (with Mr MC Law (now Mr MC Law S.C.)).

OTHER NOTABLE CASES

Commercial Disputes

  • Ferrari North America, Inc v Changhon International Energy Co Ltd & Ors [2019] HKCFI 2318: Instructed by the 7th Defendant as junior counsel to oppose the Plaintiff’s summary judgment application and successfully obtained unconditional leave to defend (with Mr Norman Nip (now Mr Norman Nip S.C.)).
  • FWD Life Insurance Company (Bermuda) Limited v Lam Chi Chuen Alpha & Sin Chau Yuk (HCA 1159 & 1160/2017): Instructed by the Plaintiff as junior counsel and successfully obtained summary judgment against two insurance agents for recovery of claw-back payments (with Mr Norman Nip (now Mr Norman Nip S.C.)).
  • FWD Life Insurance Company (Bermuda) Limited v Poon Cindy (HCA 2202/2008): Acting for the Plaintiff in proceedings against a former insurance agent for recovery of claw-back payments (led by Mr Norman Nip S.C.) (ongoing).
  • Re Cheung Hing Chik [2020] HKCFI 2234: Successfully obtained a bankruptcy order on the basis of an indisputable debt due to the petitioning creditor.
  • Advised an insurance company on lawfulness in backdating a deed of assignment and joinder of parties after expiry of limitation period (as sole counsel).
  • Advised on merits of pursuing a duty to account claim arising from an alleged agency agreement (as sole counsel).

Financial Services

  • Advising the SFC on merits of proceedings under ss214 and 277 of the Securities and Futures Ordinance concerning the management and/or former management of a listed company (led by Mr Norman Nip S.C.).
  • Advising the SFC on merits of proceedings under s214 of the Securities and Futures Ordinance against the former management of a listed company (led by Mr Norman Nip S.C.).

Land

  • An UNCITRAL Arbitration: Assisted the Tribunal (constituted by Mr Horace Wong S.C.) as a tribunal assistant in a 14 days trial under the UNCITRAL Arbitration Rules involving a tenancy dispute concerning a HK$500 million lease.
  • Geoffrey Holdings Ltd v Lam Che Chung & Anor [2020] HKDC 1001: Instructed by the Defendants as sole counsel to resist the Plaintiff’s application for leave to adduce expert evidence on demolition costs of fixtures in the context of adverse possession.
  • Advised on title issues in relation to a piece of New Territories land (including issues of encroachment and title) estimated to worth over HK$600 million (as sole counsel).

Arbitration

  • Instructed as junior counsel to challenge the appointment of the sole arbitrator under the ICC Rules on the ground of apparent bias, independence and impartiality (with Mr MC Law (now Mr MC Law S.C.)). 
  • An UNCITRAL Arbitration: Assisted the Tribunal (constituted of Mr Horace Wong S.C.) as a tribunal assistant in a 14 days trial under the UNCITRAL Arbitration Rules involving a tenancy dispute concerning a HK$500 million lease.
  • A HKIAC Arbitration: Assisted the Tribunal (constituted of Mr Horace Wong S.C.) in a 2 days trial under the HKIAC rules involving a commercial dispute for repayment of loans
MORE CASES

APPOINTMENTS AND MEMBERSHIPS

  • Part-time lecturer, University of Hong Kong (2020 – Present)

PUBLICATIONS

  • Contributing Editor, Hong Kong Civil Procedure (2022 – Present)
  • Editor of UK Supreme Court Yearbook (2015-2016)
  • Student Editor for Asia-Pacific Journal of Human Rights and Law (Sept 2015 – August 2016)
  • Interests of Youth Suspects are at Risk: Implementing the Right to the Presence of Parent or Guardian and the Right to Legal Assistance at the Police Stations in the Case of Youth Suspects in Hong Kong (2015) 45 Hong Kong Law Journal 127

LANGUAGES

Cantonese, English, Mandarin

EDUCATION

  • PCLL, University of Hong Kong: 2017 (Distinction).
  • Master of Laws, University of Cambridge: 2016 (First Class).
  • LLB, University of Hong Kong: 2011-2015 (First Class Honours).

SCHOLARSHIPS AND PRIZES

  • Middle Temple Society Advocacy Scholarship (2017)
  • Thomson Reuters Law Prize (2017)
  • Brian McElney Medal in Law (2017)
  • 1912 Senior Scholarship (2016)
  • Johnson-Jary Prize (2016)
  • Peter Willoughby Medal and Memorial Prize in Tax Law (2015)
  • Dean’s Honours List (2013, 2014, 2015)
  • HKU Worldwide Exchange Scholarship (2013)