Keith Tam

PRACTICE

Keith practices primarily in commercial and corporate law, especially in cases involving a criminal dimension, such as white-collar crimes and financial regulatory matters. He regularly acts for multinational corporations, listed companies, senior executives, and shareholders in high-value contentious and non-contentious matters, including China Resources Land Limited and Shanghai Gopher Asset Management Company Limited.

Keith has extensive experience in conducting trials and arbitrations as sole advocate. He recently represented the Chinachem Charitable Foundation in successfully defending against claims of conspiracy to injure by unlawful means. He also has substantial experience in urgent applications for injunctive relief.

His practice extends to public law and professional disciplinary matters, especially in acting for patients in clinical negligence and medico-legal claims.

Keith is fluent in English, Mandarin, and Cantonese. He also possesses a working knowledge of French, German, and Italian.

MEMBERSHIPS AND APPOINTMENTS

• Deputy Adjudicator of the Small Claims Tribunal (2023)
• Member, Disciplinary Committee Panel of the Social Workers Registration Board (2023 to present)
• Member, Committee on Companies Law, Hong Kong Bar Association (2022 to present)
• Member, Standing Committee on Legal Education, Hong Kong Bar Association (2022 to present)
• Member, Law & Legislation Commission, International Powerlifting Federation (2020 to present)
• Member, Committee on Arbitration, Hong Kong Bar Association (2020 to present)
• Member, Committee on Construction Law, Hong Kong Bar Association (2019 to present)
• Member, Committee on Personal Injuries, Hong Kong Bar Association (2019 to 2022)
• Member, Standing Committee on China Practice Development, Hong Kong Bar Association (2018 to 2019)
• Advocacy Trainer for the Hong Kong Advocacy Training Council (2018 to present)
• Member, Committee on Criminal Law & Procedure, Hong Kong Bar Association (2017 to 2018)

SELECTED CASES

COMMERCIAL

• CMBICDHAW Investments Ltd v Li Lei & Ors [2023] HKCFI 2176 – opposed relief from sanctions for breaching unless orders (led by Barrie Barlow SC)
• 張侃 Zhang Kan v 尚品滙(香港)國際貿易有限公司 SPH HK International Trading [2023] HKCA 996 – appeal on the ambit of the defences of change of position and ministerial receipt in unjust enrichment claims, and the attribution of a director’s knowledge to the company (led by William Wong SC)
• Re Estate of Nina Kung (Security for Costs) [2023] 2 HKLRD 1221 (CA) – represented Chinachem Charitable Foundation Ltd in opposing an application for security for costs
• Black Marble Securities Ltd v Lee Yan Chi [2023] HKCFI 1084 – successfully obtained judgment for the Plaintiff after a trial involving questions of whether an indemnity provision in the broker agreement was void or unenforceable
• Chan Shu Chun & Anor v Dr Kung Yan Sum & Ors [2023] HKCFI 840 – successful defended Chinachem Charitable Foundation Ltd against claims of conspiracy to injure by unlawful means
• Shanghai Gopher Asset Management Co Ltd v China Base Group Ltd [2022] HKCA 1724, [2021] HKCFI 3216, [2022] HKCFI 114 – resisting an application to stay on grounds of exclusive jurisdiction clause and forum non conveniens (led by William Wong SC)
• Castle Global Ltd v Ip Tai Hoi Paul [2021] HKCA 1540 – appeal on the principles of repudiation and escape clauses under a provisional sale and purchase agreement of shares in a property holding company (led by Paul Lam SC)
• Re Mark Gain Investment Ltd [2021] 4 HKC 406 (CFI) – successfully obtained an order to convene a general meeting under section 570 of the Companies Ordinance (Cap 622)
• Multi-national corporation (2021) – international arbitration under the HKIAC Rules on breaches of a joint venture agreement, breach of directors’ duties, and unfair prejudice claims
• Multi-national corporation (2020) – international arbitration under the HKIAC Rules on breaches of a shareholders’ agreement
• Xing Fa (Hong Kong) Imp & Exp Ltd v Sungsan International Co Ltd [2019] HKCFI 2466, [2018] HKCFI 2743 – successfully obtained a Mareva injunction
• Cheng Kwok Keung v The Registrar of Companies [2019] HKCFI 984 – successfully restored of a company under section 765(2) of the Companies Ordinance (Cap 622)
• Re Ho Yuk Wah David, A Bankrupt; sub nom Re Ho Yuk Wah David (bankrupt) (No 4) [2019] 4 HKLRD 379 (CFI) – stay of bankruptcy proceedings pending appeal (with Hew Yang-wahn) 

CIVIL

• China Resources Land Ltd v Unknown Persons [2019] HKCFI 1335 – successfully obtained an injunction against unknown persons displaying defamatory posters against the plaintiff
• 張侃 Zhang Kan v尚品滙(香港)國際貿易有限公司 SPH HK International Trading [2022] 3 HKLRD 813 (DC) – trial on apparent authority and unjust enrichment
• Lam Cheuk Ting 林卓廷 v Ho Kwan Yiu 何君堯 [2020] HKCFI 3065 – represented the defendant in an appeal against costs order (with Jimmy Ma)
• Zenjoy Ltd v Contex Group Co Ltd [2019] HKCFI 2049, [2019] HKCFI 2558 – discovery order under Order 24, rule 7A of the Rules of the High Court (Cap 4A)
• Yan How Yee v Yu Kin Sang Paul [2019] 3 HKC 170 (CFI) – trial on breach of a settlement agreement
• Geok Eng Co Ltd v Hoe Hin Pak Fah Yeow Manufactory Ltd [2018] HKCFI 258 – appeal against the Registrar of Trade Marks
• Kan Kai Ming v Kan Kai Chiu (12/06/2017, HCA 576/2014) – trial on the existence of a trust (with Lawrence Hui)

CRIMINAL

• 香港特別行政區訴岑曉麟 [2020] HKDC 811, [2020] HKDC 853 – prosecuted and secured the first conviction for a riot charge after trial arising from the 2019–2020 Hong Kong protests (with Memi Ng)
• 香港特別行政區訴褚耀江 [2021] HKCFI 2134 – successfully obtained bail pending sentence
• HKSAR v Gurbani Robert C [2018] HKDC 779 – acquittal on 8 charges of using a copy of a false instrument (led by Graham Harris SC)
• Listed Company – advised on the potential criminal liability for maintenance and champerty under an agreement (led by Graham Harris SC)
• Listed Company – advised on the potential criminal liability for insider dealing on a transaction (led by Graham Harris SC)
• Listed Company – advised on the potential criminal liability for insider dealing and conspiracy to defraud on a transaction (led by Graham Harris SC)
• Insurance Company – advised on the anti-money laundering protocol and the potential liabilities (led by Graham Harris SC)
• Keith is also regularly instructed to prosecute and defend in a wide range of criminal cases

PUBLIC LAW

• 龐孟婷 Pong Mang Ting v 華人廟宇委員會 The Chinese Temples Committee [2022] 3 HKLRD 386 (CFI) – acted for the respondent in successfully resisting an application for judicial review in determining the scope of the statutory duties of a public body (with Jimmy Ma)
• Local statutory body – advised on the legislative framework and scope of statutory duties and powers (with Jimmy Ma)
• Local charity for the disabled – advised on the proposed amendments to the legislation (with Jimmy Ma)
• Local Primary School and Secondary School– advised on issues involving an unincorporated association and issues under the Education Ordinance (Cap 279) (with Jimmy Ma)
• Group of companies in providing medical services – advised on exemption under section 88 of the Inland Revenue Ordinance (Cap 112)
• Local University – advised on the vires and legality of a proposed international academic programme (with Jimmy Ma)
• Local University – advised on the legality of proposed arrangements for the Congregation (with Jimmy Ma)
• Property Management Services Authority – provided consultancy and drafting services in relation to the Property Management Services (Licensing and Related Matters) Regulation (subsidiary legislation under the Property Management Services Ordinance (Cap 626)) (with Jimmy Ma)
• HKCT Institute of Higher Education v Social Workers Registration Board – overturned the decision of the Social Workers Registration Board in the Appeal Panel (with Jimmy Ma)
• Broker– advised on the expungement of a conviction under the Rehabilitation of Offenders Ordinance (Cap 297) and the Personal Data (Privacy) Ordinance (Cap 486) (led by Graham Harris SC)
• Keith is also regularly instructed to make applications under Part II of the Mental Health Ordinance (Cap 136) and to provide legal advice to committees