Richard Khaw SC 許偉強資深大律師

T: (+852) 2523 2003
E: rkhaw@templechambers.com
Secretary: Jessie Yang T: (+852) 2248 1884

Professional qualifications

Call: 1993 (HK)
Inner Bar: 2016
Accredited as a mediator by CEDR (UK): 2007

Appointments and positions

Deputy District Judge: 2008
Member of the Board of Review (Inland Revenue): since 2007
Member of the PCLL Academic Board of the University of Hong Kong: since 2006
Associate External Academic Advisor (formerly known as External Examiner)
to the PCLL course (Legal Writing and Drafting), City University of Hong Kong: 2002-2008
Member of the Bar Council: 2003-2004; 2006-2007
Member of the Bar’s Special Committees on (1) Legal Education, (2) Civic Education, and (3) Mainland Affairs: since 2002

Education

1994: LLM, University of Cambridge
1993: PCLL, City University of Hong Kong
1992: LLB, City University of Hong Kong

Scholarships

Sir Edward Youde Memorial Fellowship for Overseas Studies (1993-94)
Sir Edward Youde Memorial Scholarship (1991-92)
Sir Edward Youde Memorial Scholarship (1990-91)

Practice profile

Richard has a wide civil and commercial litigation practice which covers disputes in areas such as general commercial agreements, banking, company matters, insolvency, real property (including land resumption), insurance, private international law, professional negligence, building and construction (including proceedings before the Appeal Tribunal (Buildings)), employment, mental health, defamation and general tortious claims. In addition to court proceedings, Richard has appeared in both international and domestic arbitrations.

Apart from the above, Richard has a strong interest in competition law. In October and November 2009, he spent time in both Brick Court Chambers and Monckton Chambers in London observing and learning the practice in that area.

The use of the Chinese language is now common in courts and other tribunals. Richard speaks fluent Putonghua and Cantonese. He has, on many occasions, conducted proceedings (including interlocutory applications, trials and appeals) in Chinese.

As a CEDR accredited mediator, Richard has acted as a mediator for various disputes.

Selected cases

Xiamen Xinjindi Group Ltd v Eton Properties Ltd & Others, HCA 961/2008, 16 March 2010, Fok J (stay of proceedings on the basis of arbitration agreement and striking out)

Chang Wa Shan v Chan Chun Chuen [2009] 6 HKC 201, Poon J (Norwich Pharmacal application)

Xiamen Xinjindi Group Ltd v Eton Properties Ltd & Anor [2008] HKLRD 972, [2008] 6 HKC 287, Reyes J; and [2009] 4 HKLRD 353, Court of Appeal (enforcement of foreign arbitral award)

Wing Hang Bank Ltd v Kwok Lai Sim & Anor [2009] 4 HKLRD 93, Court of Appeal (bank’s claim against mortgagors and mortgagors’ third party proceedings against solicitors)

Wah Nam Group Ltd (in liquidation) & Anor v Insignia Brooke (HK) Ltd and Anor, HCA 661/2004, 18 September 2009, Yam J (striking out for want of prosecution)

Valuable Resources Ltd v Charu Mehta & Ors [2008] 5 HKC 255, Waung J (stay of proceedings)

Tsan Luk Yuk Yin v The Secretary of the Environment, Transport and Works [2008] 2 HKLRD 33, Lands Tribunal (land resumption)

Seabeam Investments v Mannitop Investment Ltd [2008] 5 HKC 250, Burrell J (scale of costs)

Re Falcon Insurance Co (Hong Kong) Ltd, HCMP 1700/2007, 30 November 2007, Kwan J (reduction of capital)

Re Yiu Cheung Glass Mirror Co Ltd [2007] 1 HKC 502, Barma J (reinstatement of a dissolved company)

Grandeur Electrical Co Ltd v Cheung Kee Fung Cheung Construction Co Ltd [2006] HKLRD 535, [2006] 4 HKC 423, Court of Appeal (arbitration agreement)

Lau Suet Fung v Future Engineering Co, CACV 110/2003, unreported, 6 February 2004, Court of Appeal (limitation period in EC claim)

Re B + B Construction Company Limited, HCCW 114/2001, unreported, 8 June 2004 (issue of jurisdiction re: private examination of directors)

Dr Paul Ki Ping Ki and Another v Next Magazine Publishing and Others, HCA 11533/1996, unreported, 2 May 2000, Yuen J; CACV 175/2000, unreported, 13 July 2000, Court of Appeal; FAMV 32/2000, unreported, 18 October 2000, Court of Final Appeal (set-off in bankruptcy)

Star Play Development v Bess Fashion Management Co Ltd, HCA 4726/2001, 7 June 2002, Ma J (stay of execution pending appeal)

Hung Ling Chun Felicia v Chow Yung Fong & Anor [2001] 2 HKLRD 394, Ma J (setting aside default judgment)