2521 2616
Telephone (Office)
2845 0260
Fax
Address
14/F and Suite 4401, Tower 1, Lippo Centre, 89 Queensway, Admiralty, Hong Kong
Called to the Bar
Hong Kong, 2011
Languages
English
Cantonese
Mandarin
Areas Of Practice
Arbitration
Commercial Disputes
Company Law
General Civil
Land and Property
Probate/Administrative Action
Hugh Kam qualified as a barrister in 2011 and runs a broad based civil and commercial practice. He appears regularly in the Court of Appeal and the High Court and has conducted both trials and appeals at these levels in Chinese. His cases regularly involve claims of over HK$100M and have an international element, with him having worked with clients and lawyers from over 20 jurisdictions.
Hugh’s clients include multiple Fortune 500 companies, companies listed on the NYSE, NASDAQ, HKSE, SZSE and ASX, state owned enterprises, private conglomerates, governmental institutions and high net worth individuals, such as Manulife, Sun Life, The Mission Hills Group, the BGI Group, China National Machinery Industrial Corp., the Hospital Authority of Hong Kong, the Chinese University of Hong Kong and investment bank MDs.
Over the past 5 years, Hugh has been appointed as an (sole) arbitrator, a counsel and an expert witness in multiple commercial arbitrations and has been invited to speak on arbitration on multiple occasions, including the ADR in Asia Conference. At the same time, he has been sitting on 6 statutory tribunals, including as Chairman of the Buildings Appeal Tribunal, and serving as a Member of the District Court Rules Committee.
From 2017 to 2020 and 2021 to 2022, Hugh served as a Council Member of the Hong Kong Bar Association. He was Chairman of its Standing Committee on Young Barristers from 2017 to 2019 and Chairman of its Standing Committee on International Practice from 2020 to 2022.
Hugh has been awarded a scholarship each from the International Bar Association, the International Association of Young Lawyers and the Inter-Pacific Bar Association in recognition of his active efforts in the legal and broader communities. Further, he was named by Prestige magazine as one of Hong Kong’s ’40 Under 40’ in 2019.
Hugh obtained his B.A. in law from the University of Cambridge as a Prince Philip Scholar and his LL.M. from Peking University as a Law School Scholar. He was awarded the Ludlows Prize for achieving the highest score in the subject of Advocacy when he completed the P.C.LL at the University of Hong Kong.
Prior to joining the Bar, Hugh was engaged in rule of law work at the Office of the Secretary General, United Nations in New York. In 2019, he was invited to speak at a conference on role of the judiciary and legal profession organised by the UN and the New York City Bar Association.
Qualification:
University of Cambridge, Bachelor of Arts (Honours) in Law
Peking University, Master of Laws (graduated first in year)
University of Hong Kong, Postgraduate Certificate in Laws (with Distinction in Advocacy)
Appointments (Courts, Tribunals and Arbitration):
Buildings Appeal Tribunal, Chairman (2018-)
Hong Kong Institute of Certified Public Accountants, Disciplinary Panels, Chairman (2019-2023)
Obscene Articles Tribunal, Adjudicator (2018-)
Immigration Tribunal, Adjudicator (2019-)
Accreditation of Academic and Vocational Qualifications Appeal Board, Member (2019-)
Social Workers Registration Board, Disciplinary Committee Panel, Member (2023-)
District Court Rules Committee, Member (2018-)
LAWASIA (Law Association of Asia and the Pacific), Council Member (2020-2022)
Appointments (Hong Kong Bar Association):
Council, Member (2017-2020)
Standing Committee on Young Barristers, Chairman (2017-2019) and Vice Chairman (2014-2017)
Standing Committee on International Practice, Chairman (2020-)
Standing Committee on Civic Education, Member (2012-)
Standing Committee on Legal Education, Member (2016-2019)
Standing Committee on Professional Development, Member (2016-2018)
Committee on Arbitration, Member (2020-)
Committee on Companies Law, Member (2016-2018)
Appointments (Community):
Hong Kong Advisory Council on AIDS, Council Member (2019-)
Oxfam Hong Kong, Committee Member (2017-)
Youth Arch Foundation, Board Member (2016-)
Arbitration
Appointed as a co-arbitrator in a HKIAC arbitration between US, Hong Kong and Taiwan companies over a product supply agreement; claim of US$4M+.
Appointed as sole arbitrator in a HKIAC arbitration between Hong Kong and Thailand fashion companies over a distribution agreement.
Appointed as sole arbitrator in a HKIAC arbitration between a prominent US online sales platform and a PRC company over a sale of goods dispute.
Represented a PRC sporting conglomerate in a HKIAC arbitration over an entertainment services agreement with a US Hollywood company; claim of US$45M+.
Represented a PRC state owned enterprise in 2 international arbitrations (HKIAC and SIAC) over a shipping sale agreement with a Nigerian oil company; claim of US$5M+.
Appointed as a Hong Kong law expert in a CIETAC arbitration between 2 PRC telecommunications companies over the control and use of RMB 230M+ of funds
Commercial
Hounö A/S v. Teckali (HK) Industries Ltd. [2021] HKCFI 1548 -
Post trial judgment secured for NASDAQ listed company with net sales of US$1.63B, EUR 9M+ having been stolen by fraud.
Guizhou Guijiu Co., Ltd. v. China Guijiu Group Co., (HCIP 43/2021, 17 January 2023)
Secured setting aside of default judgment ex tempore for a top PRC distilled liquor enterprise accused of passing off that would have led to its complete shutting down otherwise.
Advising, since 2021, CUHK on breaches of a settlement agreement by a competitor over fetal DNA testing; claimed sum of HK$65M+.
Appointed in 2022 as a Hong Kong law expert in proceedings for the enforcement of a RMB 700M+ debt at the Guangzhou City Intermediate People’s Court.
Haty Ltd. v. Au Yeung, Cheng, Ho & Tin (HCA 1815/2018, 24 December 2019)
Represented a law firm in a professional negligence action for lacking authority to act; claimed sum of approximately HK$20M.
China Baoli Technologies Holdings v. Orient Equal International Group Ltd. (HCA 1399/2016, 1 June 2016, 3 June 2016, 4 August 2016 & 22 August 2016)
Breach of a lock up agreement by a share placement exercise; led by Mr. William Wong SC.
Pacific Harbor Advisors Pte. Ltd. v. Winson Federal Ltd. (HCA 1257/2013, 1 August 2014) and (HCMP 1285/2015, 21 August 2015)
Loan recovery of US$80M+ by summary judgment; led by Mr. Jason Pow SC. Subsequent leave to appeal application led by Mr. Edward Chan SC.
Melvin Waxman v. Li Fei Yu [2013] 3 HKLRD 711 (CFI) and (CACV 157/2014, 20 April 2016)
Breach of PRC conglomeration share transfer agreement; led by Ms. Linda Chan SC.
Commpany & Insolvency
LB YS v. F Ltd. [2023] HKCFI 570
Principles on costs as to setting aside of statutory demand.
Cheng Wai Kin v. Song Congying [2021] HKCFI 2438, [2021] HKCFI 209, [2020] HKCFI 2751 and [2019] HKCFI 700
Setting aside a statutory demand on issues of locus standi and agency; led in part by Ms. Linda Chan SC; civil claim thereafter with issues of agency and fraud.
Ngai Chun Ngor Irene v. Ling Fat Co. Ltd.(HCA 161/2020, 21 February 2020)
Voiding directorship changes and share transfers for breach of Articles of Association; led by Mr. Jin Pao SC.
Pacific Harbor Advisors Pte. Ltd. v. Cho Woon Ming Vincent (HCA 1257/2013, 22 May 2015) and [2016] 6 HKC 14 (CA)
Receivership over complex corporate group; led by Mr. Edward Chan SC. Subsequent determination on the question of privilege in the context of an examination of a judgment debtor; led by Mr. Victor Joffe QC.]
Wong Luen Hang v. Chan Yuk Lung (HCA 1265/2015, 11 March 2016)
Receivership over complex corporate group worth HK$120M+.
Re Karson Oten Fan, Karno (HCMP 1101/2011, 26 February 2013
Bankruptcy proceedings of celebrity English tutor K.OTen involving HK$90M+; led by Ms. Linda Chan SC.
Probate & Mental Health
Hsu Ngai Yuen v. Cheung Mei Lan Wendy [2023] HKCFI 909 (CACV 110/2023)
Validation of a will non-compliant with testamentary requirements; rectification of will provisions; and appointment of personal representatives.
Advising, since 2017, on complex charitable dispositions of an estate of approximately HK$540M (HCMP 34/2023).
Advising, since 2022, on the control and recovery of assets of over HK$300M, access and guardianship with multiple overseas jurisdictions elements (HCMH 46/2022).
Re NLS (HCMH 4/2020, 24 January 2020)
Emergency relief under Part II of the Mental Health Ordinance (Cap. 136) as regards assets of over HK$375M.]
余民 v 醫院管理局 (CACV 78/2015, 5 February 2016)
Appeal in Chinese on the alleged false imprisonment / improper medication of a mentally incapacitated individual.
Cook Yin Ping v. Arthur Mo Wan Cheung (HCMP 2436/2011, 21 January 2014)
Construction of a will regarding a HK$25M+ estate; led by Mr. Bernard Man.
Property
Li Jia v. Hsu Hui Hui (HCA 104/2019, 16 February 2021)
Summary judgment over breach of a provisional agreement for the sale and purchase of 2 luxury properties at HK$61.9M.]
Man’s (Asia) Development Ltd. v. Fung Chi Kin HCA 1279/2013, 24 March 2017) and [2018] HKCA 239
Claim for vacant possession and mesne profits, with question of how damages should be assessed in the absence of evidence; appeal with Mr. Tony Ko.
Fantastic State Ltd. v. Tien’s Organic Farm [2018] HKCFI 1241 and [2018] HKCFI 2473
Injunction to prevent blockage of an easement by a subsidiary of Cheung Kong (Holdings) Ltd.
Kin Lee Construction Co. Ltd. v. Setrich Development Ltd.(HCA 272/2015, 7 December 2016)
Dispute over the use of funds for the development of small houses in New Territories; led by Mr. Victor Dawes SC.
Kwang Qian Wen Marie v. Kwan Kit Yuk [2016] 1 HKLRD 891 (DC)
Breach of an agreement on the sub-sale of a property prior to completion.
何靜敏 v. 陳輝煌 (CACV 269/2013) 11 April 2014
Appeal in Chinese over wrongful termination of a tenancy agreement.
Publications
Editor, Hong Kong Civil Procedure (the White Book) (Sweet & Maxwell (2014-)
Contributor, The Hong Kong Companies Ordinance (Cap. 622): Commentary and Annotations (Sweet & Maxwell) (2016-2021)
Author, Halsbury’s Laws of Hong Kong: Broadcasting (LexisNexis) (2022)
Contributor, Butterworths Hong Kong Media & Communication Handbook (LexisNexis) (2014)
Speeches
Hong Kong International Arbitration Centre, HK45, Annual Update (Enforcement of Awards in Hong Kong & a Rare Instance of Non Enforcement) (2021)
UN & New York City Bar Association, Conference on the Role of Judges and Lawyers (2019)
Hong Kong International Arbitration Centre, ADR in Asia Conference: Arbitrating for Settlement (2019)
Singapore Law Society, Regional Young Lawyers Forum (2018)
Hong Kong Bar Association, Company Law Seminars (Shareholders Disputes) (2016)
Professional Learning Institute, CPD Seminar (Fraud, Asset Tracing and Injunctions: Law and Practice) (2016)
Prizes
International Bar Association Scholarship
International Association of Young Lawyers Scholarship
Inter-Pacific Bar Association Scholarship
Prestige ’Hong Kong’s 40 Under 40’
Peking University Law School Scholarship
Ludlows Prize for Advocacy
Prince Philip Scholarship
Cambridge Overseas Fellowship
Cambridge Lawyers Without Borders Scholarship
HUGH KAM
COUNSEL