Lau Ka Kin

BARRISTER

Call: 2016

K.K. Lau has a broad commercial and civil practice, with specialism in finance.  His experience covers listed companies, private equity, debt, commodities and cryptocurrencies.  He is routinely instructed for complex and heavy disputes.

K.K. regularly appears for regulators, financial institutions, listed companies as well as their shareholders and directors at trials and appeals.

Before coming to the Bar, K.K. practised as a solicitor and advocate at a pre-eminent law firm, where he specialised in commercial litigation and arbitration.  He was recognised by Legal 500 as a “helpful and knowledgeable associate”.

RECENT HIGHLIGHTS

  • Securities: Acting for the Securities and Futures Commission in ramp and dump cases.  Complex issues arising out of interpretation of the Securities and Futures Ordinance, in particular scope of SFC’s powers.
  • Banking: Acting for one of the largest PRC banks in its claims against state-owned enterprise for hundreds of millions of dollars.  Successful urgent application for worldwide Mareva injunction and continuation of injunction.
  • Civil fraud: Defending an individual in the biggest alleged London gold fraud.  The amount at stake is hundreds of millions of dollars.  Hotly contested applications for striking out and appeals.
  • Professionals: Acting for former partners of major law firm in high-profile partnership dispute involving fraud and breaches of professional conduct.
  • Land: Defending leading property developers in high value adverse possession claims in the New Territories.

OTHER NOTABLE CASES

Administrative & Public Law

  • The Registrar of the Hong Kong Institute of Certified Public Accountants v The Disciplinary Committee of the Hong Kong Institute of Certified Public Accountants [2020] HKCFI 2553, [2020] 5 HKLRD 262: Whether the judicial review became academic, principles of open justice in the context of disciplinary proceedings
  • Law Fei Shing v The Disciplinary Committee of the Hong Kong Institute of Certified Public Accounts [2019] HKCA 770, [2019] 4 HKLRD 225: Judicial review of interlocutory process of disciplinary proceedings

Banking & Finance

  • Citibank (Hong Kong) Limited v Yip Shiu Cheong [2018] HKDC 593: Service and setting aside summary judgment

Chancery

  • Ample Sky Holdings Limited v Trillion Wide Credit Finance Limited [2020] HKCFI 2862: Whether a loan agreement created an equitable mortgage or equitable charge, relevance of parties’ subsequent conduct

Commercial Dispute Resolution

  • Multifor Enterprise Development Limited v Ho Chow Ping Danny Trading As Billion Success Consultant Company [2022] HKCFI 737: Appeal against summary judgment, forgery and fraud
  • Zhang Jizhi v Hong Kong TV International Media Group Limited [2022] HKCFI 308: Late affidavit, amendment of pleadings after summary judgment, waiver by election, title to shares, unjust enrichment, admissibility of extrinsic evidence for identifying contracting party, post-agreement conduct, rectification of contract (led by Ambrose Ho, S.C.)
  • Creative Property Services Consultants Limited v The Incorporated Owners of King Ming Court [2022] HKCFI 163: Quistclose trust, concession before trial, agent’s liability to account, adverse inference from failure to call witness
  • Leung Chin Sing Rabo v Ko Chun Hay Kelvin [2021] HKCFI 2242: Sale of listed company, oral agreement and credibility, carry on a business in a regulated activity in contravention of the Securities and Futures Ordinance (led by Jason Pow, S.C.)
  • Yuanta Securities (Hong Kong) Company Limited v Ng Yin Lam [2021] HKCFI 435: Construction of entire agreement clause, employee or independent contractor (led by Jose Maurellet, S.C.)
  • Key Step Ventures Limited v Fuguiniao Group Limited [2020] HKCFI 1087: Whether default interest rate is relevant for the purpose of sections 24 and 25 of the Money Lenders Ordinance, whether interest rate of 59% is extortionate
  • Hong Dau Construction Company Limited v The Incorporated Owners of Garden Vista HCA 2290/2016, 8 September 2017: Admissibility of third party’s conviction of conspiracy in civil proceedings, rule in Hollington v Hewthorn considered
  • Ma Wai Chiu v Ng Kin Fai Richard HCA 61/2017, 20 January 2017: Whether to grant injunction restraining the defendants from dealing with income generated from alleged diversion of business (led by Victor Dawes, S.C.)

Company

  • Re Torien Group Limited [2021] HKCFI 3742: Inspection of company’s documents, discovery in unfair prejudice proceedings
  • Chen Hongqing v China Shanshui Investment Company Limited [2021] HKCFI 699: Injunction restraining allotment of shares (with John Hui)
  • Re Techluxe Industries Limited [2019] HKCFI 3014: Whether relief for non-compliance with the Companies Ordinance should be granted where the auditor expressed a qualified opinion

Family / Matrimonial

  • CWK v YCHS [2018] HKFC 52, [2018] HKFLR 242: Costs order nisi and functus officio

Financial Services

  • Ms Leung Yuk Kit v Securities and Futures Commission SFAT 4/2021, 25 April 2022: Ramp and dump, interpretation of the Securities and Futures Ordinance, scope of the SFC’s powers to freeze assets by restriction notice (led by Norman Nip, S.C.)
  • Delta Wealth Finance Limited v Chan Wai Sun [2020] HKDC 147: Money Lenders Ordinance, delay in application for leave to appeal to the Court of Appeal
  • Re Yorkshine Holdings Limited 27 February 2020: Stock Exchange proceedings, breaches of Listing Rules
  • Securities and Futures Commission v Mo Shau Wah [2018] HKCA 370, [2018] 3 HKLRD 356: Test for variation of Mareva injunction opposed by intervener
  • Hong Kong Asset Management Limited v The Registrar of Companies HCMP 2177/2017, 10 November 2017: Whether time for registration of share charge should be extended
  • Securities and Futures Commission v Mo Shau Wah HCA 353/2013, 25 July 2017, [2017] 4 HKLRD 347: Whether assets subject to injunction should be released to the defendant to pay legal expenses

Fraud: Civil

  • Kot See For v Lam Man Cheung [2021] HKCFI 1902: Application for leave to appeal against an exercise of discretion
  • Kot See For v Lam Man Cheung [2021] HKCFI 1029: Striking out, totality of evidence approach, restitution and constructive trust

Insurance

  • Hoyden Holdings Limited v CMB Wing Lung Insurance Company Limited [2022] HKDC 336: Interpretation of surety bond given by insurer to developer

International Arbitration

  • Construction Company v Guarantor [2021] HKCFI 2558: Enforcement of foreign arbitral award, whether it is open to a party to re-argue illegality and jurisdiction of arbitration tribunal after the supervisory court’s decision 
  • HKIAC award, 23 July 2018: Represented a respondent in its US$3.3 million dispute with a Tokyo-listed company regarding a sale of shares agreement

Partnership

  • Lam Siu Sun Dennis v Cheung Tak Man Desmond [2022] HKCFI 78: Partnership Ordnance, inspection of books and records of the partnership, general discovery

Personal Injury

  • 郭生琼作為201585日法庭命令委任為死者馬黑皮的遺產代表人 v 黃文俊 [2019] HKCFI 909: Whether the registered owner of vessel is liable under the Occupiers Liability Ordinance and whether the settlement agreement should be set aside for misrepresentation, duress or undue influence

Professional Discipline

  • The Registrar of the Hong Kong Institute of Certified Public Accountants v Chan Yui Hang [2022] HKCA 517: Adjournment of disciplinary proceedings on medical grounds
  • Hong Kong Institute of Certified Public Accountants v Ng Kwok Ching [2022] HKCA 447: Application for leave to appeal to Court of Final Appeal
  • Hong Kong Institute of Certified Public Accountants v Ng Kwok Ching [2021] HKCA 1821: Professional judgment of disciplinary committee, whether costs to be taxed on an indemnity basis
  • The Practice Review Committee of the Hong Kong Institute of Certified Public Accountants v Ng Kwok Ching [2020] HKCA 672: Whether leave should be granted to adduce new evidence on appeal due to alleged procedural irregularity of disciplinary proceedings
  • The Registrar of the Hong Kong Institute of Certified Public Accountants v Chan Yui Hang [2020] HKCA 59: Admission of fresh evidence of adjournment and illness
  • Re Dr Cheng Ming Chun MC 14/012 & MC 16/273, 17 September 2019: Disciplinary inquiry into prescription of drugs
  • The Registrar of the Hong Kong Institute of Certified Public Accountants v Cheung Yiu Hung [2018] HKCA 463: Appeal from sanctions imposed by disciplinary committee
  • The Registrar of the Hong Kong Institute of Certified Public Accountants v Chan Bing Chung [2018] HKCA 158: Appeal by engagement quality control reviewer against disciplinary committee’s finding and sanctions
  • The Registrar of the Hong Kong Institute of Certified Public Accountants v X CACV 244/2016, 20 October 2017, [2017] 5 HKLRD 568: Natural justice and costs of disciplinary proceedings (led by Horace Wong, S.C.)

Real Estate Litigation

  • So Hon Ming Francis v Cheung Lau Shau Chun [2021] HKDC 1494: Meaning of “good tenantable repair” 
  • Harriman Management Services Limited v Lam Chi Keung [2021] HKLdT 52: Breach of deed of mutual covenant, whether mandatory injunction should be granted 
  • 黃德忠 v黃炳城 [2021] HKCFI 1647: Partition Ordinance, stay of writ of possession, restricted application order 
  • Libra Summer Limited v Derecho Limited [2021] HKCFI 702: Meaning of “Government lease”, whether purchaser was entitled to know the terms and conditions contained in offer letter, Crown Rights (Re-entry) Ordinance 1870, real risk of successful assertion of encumbrance on title, whether vendor answered requisitions satisfactorily
  • 好順利大廈業主立案法團 v Wealth Gear Limited [2020] HKCA 1086: Whether the incorporated owners had locus standi to sue, construction of section 18 of the Building Management Ordinance, acquiescence, construction of deed of mutual covenant (led by C.Y. Li, S.C., with Avery Chan)
  • 鄧添柱 v 潘德俊 [2020] HKCA 479: Application to the Court of Appeal for leave to appeal, issue estoppel 
  • Chuen Ming and Co Ltd v Li Mun Hok Steven [2020] HKLdT 14: Promissory estoppel, pleadings in Lands Tribunal proceedings, jurisdiction of Lands Tribunal to grant declaratory relief or equitable compensation 
  • Leung Kiu Yip and Tong Huijian v Kwan Wa Oi, Administratrix of the Estate of Yip Shik Pui, Deceased [2020] HKDC 74: Adverse possession, admissibility of affidavit and witness statement under hearsay rule at trial
  • 鄧添柱 v 潘德俊 [2019] HKCFI 2536: Whether leave to appeal to the Court of Appeal is required 
  • 鄧添柱 v 潘德俊 [2019] HKCFI 1806: Striking out conspiracy claim relating to sale of land by managers of tso/tong 
  • The Incorporated Owners of Garden Vista v Chen Jin Ru Catherine [2018] HKDC 827: Whether proceedings commenced by originating summons should be converted to writ action due to allegations of bid-rigging and conspiracy
  • Ardis International Kindergarten Limited v Tang Kai Ming, Kenneth [2018] HKDC 531: Application for leave to appeal from District Court judgment
  • Ardis International Kindergarten Limited v Tang Kai Ming, Kenneth DCCJ 4649/2015, 17 November 2017: Landlord’s covenants of non-derogation from grant and quiet enjoyment
  • Lam Cheuk Ting v Lai Kwok Leung LDBM 297/2015, 20 September 2017: Whether the applicants should have costs of the proceedings discontinued after a respondent gave and complied with his undertaking to Court
  • 陳錦棠 v 翠湖花園業主立案法團 LDBM 35/2015, 18 August 2017: Whether the inspection of documents applied for is for a proper purpose

Restructuring / Insolvency

  • Re Hong Kong Genghis Khan Group Limited [2021] HKCFI 1790: Breach of unless order and relief from sanction, whether a “declaration” amounts to an affidavit, bona fide dispute as to debt 
  • Re 鄧添柱 [2021] HKCFI 216: Pending litigation, whether a bankruptcy order should be made
MORE CASES

Appointments, Memberships and Prizes

  • Hong Kong Maritime Arbitration Group (2022-)
  • Committee on Arbitration, Hong Kong Bar Association (2019-)
  • Chartered Institute of Arbitrators (2018-)
  • Standing Committee on Professional Development, Hong Kong Bar Association (2017)
  • Sweet & Maxwell Prize (2006)
  • University of London Awards for Academic Achievement (2005)