Richard Khaw SC   許偉強資深大律師

Call: 1993 (HK)
Inner Bar: 2016

Accredited as a mediator by CEDR (UK): 2007
Fellow of Hong Kong Institute of Arbitrators: 2017

Profile

Richard’s practice covers a wide range of civil and commercial litigation which includes disputes relating to commercial agreements, company/shareholder, properties and trusts, banking, insurance policies, insolvency, defamation and professional negligence. The cases he has handled often involve the question of forum, conflict of laws and enforcement of both arbitral awards and court judgments. Apart from court proceedings, Mr Khaw appears regularly in international arbitrations (including LCIA arbitration proceedings in London) as counsel.

Richard has sat as Deputy High Court Judge during various periods between 2018 and 2021. In 2021, he was appointed Recorder of the High Court. He is a fellow of the Hong Kong Institute of Arbitrators and acts as either presiding arbitrator or party-nominated co-arbitrator in international arbitrations from time to time. Richard is on the List of Arbitrators of the Hong Kong International Arbitration Centre and the Hong Kong Bar Association. He is also on the Panel of Arbitrators of the Shanghai Arbitration Commission. Further, as a CEDR accredited mediator, Richard has acted as a mediator in various disputes.

Richard has also had the experience in conducting proceedings in Chinese (including arbitration proceedings in Putonghua).

Apart from the above, Richard has a strong interest in competition law. In 2009, he spent time in both Brick Court Chambers and Monckton Chambers in London observing and learning the practice in that area. He has acted for and advised parties on matters arising from the investigative process.

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Selected Cases

Commercial

  • Zhang Jizhi v Hong Kong TV International Media Company Limited [2022] HKLRD 308, Marlene Ng J

  • Xiamen Xinjindi v Eton Properties Ltd and Ors [2021] HKCFI 2225, Mimmie Chan J

  • China NPL Holdings Pte Ltd v Mo Haidan & Ors [2021] 1 HKLRD 344

  • Xiamen Xinjindi v Eton Properties Ltd and Ors [2020] HKCFA 32, CFA

  • Xiamen Xinjindi v Eton Properties Ltd and Ors [2019] HKCFA 21, Appeal Committee, CFA

  • Xiamen Xinjindi Group Ltd v Eton Properties Ltd & Others, CACV 158/2012 [2016] 2 HKLRD 106

  • China Medical Technologies Inc (In Liquidation) v Bank of China (Hong Kong) Ltd [2019] 2 HKLRD 710, CA

  • Highfit Development Co Ltd (in liquidiation) v Koo Siu Ying & Ors, unrep., 23 January 2018, Anthony Chan J

  • Chan Kon Fung v Gallop Pioneer Limited, HCA 1357/2011, 17 April 2018, Deputy High Court Judge Marlene Ng (disputes over sale and purchase of shares)

  • Crane World Asia Pte Ltd v Hontrade Engineering Ltd [2016] 3 HKLRD 640, CA

  • Crane World Asia Pte Ltd v Hontrade Engineering Ltd, HCA 109/2014, unreported, Deputy High Court Judge Eugene Fung SC, 17 June 2019

  • Sun Jiyou & Others v L&A International Holdings Ltd & Anor [2017] 3 HKC 507, Deputy High Court Judge Le Pichon

  • Fine Good Limited & Anor v Statemart Investments Ltd, HCA 1190/2012, 16 April 2013, Deputy High Court Judge B Chu

  • Success Forever Enterprises Ltd & Anor v Jumbo Up Group Ltd, HCA 1189/2012, 11 April 2013, Mimmie Chan J

  • Bruno Arboit as Sole Liquidator of Highfit Development v Koo Siu Ying & Another, unrep., 8 March 2016, Au-Yeung J

  • Bruno Arboit as Sole Liquidator of Highfit Development v Koo Siu Ying & Another [2016] 3 HKLRD 154, Au-Yeung J

  • Arbitration

  • Truearns Co Ltd v Wealthy Fountain Holdings Inc [2019] HKCFI 1840, Deputy High Court Judge M K Liu

  • Sun Tian Gang v Hong Kong & China Gas (Jilin) Ltd [2016] 5 HKLRD 221, Mimmie Chan J

  • Polytec Overseas Ltd & Anor v Great Dragon International Holdings Co Ltd & Ors [2017] 3 HKLRD 258, Mimmie Chan J

  • Klockner Pentaplast GMBH & Co KG v Advance Technology (HK) Co Ltd [2011] 4 HKLRD 262, Saunders J

  • Mega Success Resources Ltd v Octagon Enterprises Ltd & Others, HCA 1476/2010, 21 April 2011 Deputy High Court Judge L Chan

  • Company

  • Kwok Hiu Kwan v Convoy Global Holdings Ltd [2021] HKCFI 814

  • Jessop & Baird (Hong Kong) Limited v Neo Hwee Khim & Ors [2020] HKCFI 2264

  • Sociedade Nacional De Combustiveis de Angola-Empresa Publica v China Sonangol International Ltd & Ors [2019] HKCFI 1443, Harris J

  • Lam Hon Keung Keith v Dalny Estates Ltd & Ors [2018] 1 HKLRD 409

  • Marrakesh Investments Ltd v Tangiers Holdings Ltd & Anor [2017] 5 HKLRD 314, Harris J

  • W & G Investment Ltd v Chan Siu Chung, HCA 1357/2017, 8 February 2018, Chung J

  • Conflict of Laws

  • China NPL Holdings Pte Ltd v Mo Haidan & Ors [2021] 1 HKLRD 344

  • Poon Cho Fai v East Pacific (Holdings) Ltd [2020] HKCA 559, CA

  • Poon Cho Fai v East Pacific (Holdings) Ltd [2019] HKCFI 2786, Lok J

  • Xiamen Xinjindi Group Ltd v Eton Properties Ltd & Others, CACV 158/2012 [2016] 2 HKLRD 106

  • Marmor Hotavlje d.o.o. v Peter Siling & Associates Hotel Interior Design Ltd, HCA 2475/2015, Deputy High Court Judge Seagroatt, 9 June 2015

  • Banking / Finance

  • Re Cheung Kwan (a debtor) [2021] HKCA 282, CA” to insolvency

  • China Medical Technologies Inc (In Liquidation) v Bank of China (Hong Kong) Ltd [2019] 2 HKLRD 710, CA

  • Standard Chartered Bank (Hong Kong) Ltd v Ease Keen International Ltd & Ors, HCMP2687/2016, unrep., 6 November 2017, Deputy High Court Judge Le Pichon

  • Chiyoda Steel Co Ltd v Bank of China (Hong Kong) Ltd, unrep, 28 August 2014, Deputy High Court Judge ST Poon

  • Injunction / Contempt

  • Bruno Arboit as Sole Liquidator of Highfit Development v Koo Siu Ying & Another, unrep., 8 March 2016, Au-Yeung J

  • Bruno Arboit as Sole Liquidator of Highfit Development v Koo Siu Ying & Another [2016] 3 HKLRD 154, Au-Yeung J

  • Family / Matrimonial

  • LYH v YHKB [2021] HKFC 262

  • Commission of Inquiry / Inquest

  • Leading counsel for the HKSAR Government before the Commission of Inquiry into the Construction Works at and near the Hung Hom Station Extension under the Shatin to Central Link

  • Junior counsel to the Commission of Inquiry into Excess Lead Found in Drinking Water (2015-2016) (led by Paul Shieh SC)

  • Arbitration

    Selected cases as counsel
  • Disputes over an investment agreement concerning a PRC equity fund (conducted in Putonghua)

  • Disputes over sale and purchase of shares in relation to companies incorporated in Shanghai (conducted in Putonghua)

  • Disputes over international sale of goods/commodities

  • Disputes over distributorship/franchise agreements

  • Disputes over shareholders’ agreements and share transfer agreements in HK, Mainland and other countries

  • Disputes over a private jet management agreement

  • Disputes over buildings contracts in HK and overseas countries

  • Disputes over insurance policies in HK and overseas countries

  • Disputes over IT system analysis and design agreements

  • Selected cases as arbitrator
  • Disputes over shareholders’ agreements, share subscription/transfer agreements, sale and purchase of goods/commodities, investment agreements, loan/financing agreements, licensing/distributorship agreements and building management issues

  • Mediation

    Selected cases as mediator
  • Shareholders’ disputes, disputes on real properties, probate, derivate products, mis-selling, securities trading, breach of trust/fiduciary duty, goods sold and delivered, professional negligence, defamation and personal injuries

  • Contact

    Email:rkhaw@templechambers.com
    Tel:(+852) 2523 2003

    Secretary

    Name:Jessie Yang
    Tel:(+852) 2248 1884

    Practice Areas

  • Arbitration
  • Banking / Finance
  • Building / Construction
  • Charity
  • Civil Fraud / Asset Recovery
  • Commercial
  • Commission of Inquiry / Inquest
  • Company
  • Competition
  • Confidentiality / Privacy
  • Conflict of Laws
  • Defamation / Media
  • Disciplinary
  • Discrimination
  • Employment
  • Equity / Trust
  • Family / Matrimonial
  • Injunction / Contempt
  • Insolvency
  • Insurance
  • Mediation
  • Mental Health
  • Personal Injury / Medical Negligence
  • Planning
  • Probate / Succession
  • Professional Liability
  • Property & Conveyancing
  • Public Law / Judicial Review
  • Rating & Valuation
  • Restitution / Unjust Enrichment
  • Appointments And Public Office

  • Recorder, Court of First Instance of the High Court (appointed in Oct 2021)

  • Deputy High Court Judge (April – May 2018 & July – August 2019)

  • Deputy Chairman, Administrative Appeal Board (2017 – present)

  • Co-opted Member, Consumer Council (2021 – present)

  • Member, Consumer Legal Action Fund, Consumer Council (2016 – present)

  • Member, Law Reform Commission’s Sub-Committee on Archive Law (2015 – present)

  • Member, University Council and Board of Governors, Hong Kong Shue Yan University (2020 – present)

  • Member, Audit Committee of the Council of City University of Hong Kong (2021 – present)

  • Co-chairman, Hong Kong Bar Association’s Standing Committee on Mainland Affairs (2022 – present)

  • Chairman, Hong Kong Bar Association’s Standing Committee on Legal Education (Jan 2019 – 2020)

  • Vice-chairman, Hong Kong Bar Association’s Special Committee on Competition Law (2016 – present)

  • Member, PCLL Academic Board of the University of Hong Kong (Sept 2006 – present)

  • Member, PCLL Academic Board of the City University of Hong Kong (April 2011 – present)

  • Deputy Honorary Secretary of the Bar Council (Jan 2012 – Jan 2013)

  • Member, Bar Council of the Hong Kong Bar Association (Jan 2006 – Dec 2007 & Feb 2011 – Jan 2012)

  • Member, Hong Kong Bar Association’s Bar Council’s Special Committee on Insurance (Jan 2007 – 2008 & Jan 2012 – present)

  • Education

    1994

    LLM, University of Cambridge

    1993

    PCLL, City University of Hong Kong

    1992

    LLB, City University of Hong Kong

    Scholarship And Prizes

    1993 - 1994

    Sir Edward Youde Memorial Fellowship for Overseas Studies

    1991 - 1992

    Sir Edward Youde Memorial Scholarship

    1990 - 1991

    Sir Edward Youde Memorial Scholarship

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