Kev LH Wan
温樂謙

Kev L.H. Wan
温 樂 謙 大 律 師

Call: 2019

Tel: 2157 9343
Fax: 2157 9243
Mobile: 6133 0363
E-mail: kevwlh@eschambers.com.hk

Secretary: Ms Hannah Ho

Kev is a versatile advocate. He has a strong criminal practice in all sorts of cases, from the big, complex and paper-heavy to the small and intricate. He receives strong and favourable endorsement from clients who regarded him as “quick on his feet, focused, reliable and meticulous”. He is keen to take up legal issues and elaborate his views thoroughly. He also appears as led junior and is entrusted with settling intricate written submissions. Kev has prosecuted cases as counsel on fiat on behalf of the HKSAR government.

On the civil side, Kev has a particular focus on matters on land, tso tong, adverse possession and building management. He has gained extensive hands-on experience in these areas as sole advocate in both trial and appeal in High Court and District Court. He also regularly helps his commercial clients to obtain various interlocutory applications.

Alongside his legal practice, Kev is a headnoter for Hong Kong Cases and a contributor of employment related publications at LexisNexis. He is also a legal advisor of the Hang Hau Rural Committee under Heung Yee Kuk advising matters of N.T land, tso tong, small house and Sections 12 & 16 applications under Town Planning Ordinance.

Kev joined chambers in 2019 upon completion of pupillage with Mr. Selwyn Yu SC, Ms. Queenie Ng, Mr. Lawrence Hui and Mr. Stanley Ng.

Kev can conduct proceedings in English and Chinese.

SELECTED CASES

CRIMINAL

  • ESCC 1594/2022 : Defendant acquitted of incitement offence (leading Ms. Michelle LY Wong)
  • KCCC 333/2022 : ONFE for 7 charges of indecent assault (sole advocate)
  • ESCC 1253 /2021 : Defendant acquitted of criminal intimidation (sole advocate)
  • STCC 3584/2020 : Acquittal for charges of unlawful assembly, criminal damage & prohibition of face covering regulation (sole advocate for D1)
  • ESCC 690/2021 : Suspended sentence for defendant convicted of money laundering after trial (sole advocate)
  • ESS 7108/2021 & KCS 22295/2019 : Careless driving summons acquitted (sole advocate)
  • ESCC 1655/2020 : Possession of offensive weapon; expert evidence on proper injury threshold of a laser pointer (with Ms. Queenie W.S. Ng)
  • ESCC 2586/2019 : Defended a couple who allegedly in Ma On Shan footbridge shouted profanities and were charged with behaving disorderly in public place
  • STCC 3113/2019 : Acted for a defendant in charges of breach of condition of stay and managing a guesthouse without licence
  • Various bail application in Magistrate’s Court and High Court
  • High Court Appeal

LAND & BUILDING MANAGEMENT

  • Application to set aside sale and purchase agreement of tso land in breach of s15 of New Territories Ordinance : Managers of LI TO WAN TSO v Kwok Wui Knitters Limited, HCMP 1044/2019 (ongoing action)
  • Set aside O.113 possession order with costs: Chu Yum Hong as managers of CHU NAM YUN (朱南園) v Occupiers of the Premises, DCMP 3068/2019 (adverse possession claim against tong) (sole advocate acting for squatter)
  • Obtain leave to adduce survey report with costs : Yau Chun Wing v Wong Wing Kuen & Ors, DCCJ 1384/2020 (Court accepted submissions that paperowner’s pleadings are equivocal) (sole advocate acting for squatter)
  • Obtain declaratory relief on the basis of adverse possession : Chan Yui Kin v Siu Hun Mui, DCCJ 1021/2019 (against co-owner); Lam May Por v The Estate of Chan Ching Woon [2023] HKDC 1219 (against deceased’s estate; whether the estate devolve to the HKSAR Government as “bona vacantia”); Chu Sai Hung v Wong Wai Pui, DCCJ 4053/2022 (ongoing)
  • Application against tso manager for distribution of proceeds among members of tso (ongoing HC Action)
  • Water leakage action : Kwok Shu v IO of Kent Building [2021] HKDC 632 (Trial concerning defective common roof of IO; successfully refuted IO’s expert opinion that UBWs caused leakage) (sole advocate); Cheung Man Celia v Well Born Real Estate Management, DCCJ 607/2021 (Outburst of sewer pipe) (sole advocate); Tam Sun Siu & Ors v Li Tak Ming & Ors, DCCJ 3821/2021 (ongoing water leakage action between neighbours) (sole advocate)

GENERAL CIVIL

  • Personal injuries action : Lo Chui Yuk v Gold Win Engineering Limited & Ors [2023] HKCFI 2352 (Trial for assessment of damages; P discredited under cross-examination; Court accepted that there was symptoms exaggeration) (sole advocate)
  • Discovery application: YXL v CWW[2023] HKFC 119 (Substantially resisted W’s application for wholesale discovery of companies ledgers and accounts. Out of 43 categories of documents, the Court only ordered H to produce tax assessment)
  • Matrimonial cases: YXL v CWW[2022] HKFC 113 (Substantially resisted W’s application for maintenance pending suit)
  • Rickeed Industries Limited v Hong Kong Tohkoh Company Limited [2022] HKCFI 2458 : Resisted D’s application for stay of execution involving a judgment sum of 5M RMB; the Court accepted Ps’ submissions that, relying on First Laser, in considering whether an appeal will be rendered nugatory, the Court may consider the means of D and its backers, who in this case had painted a false picture of impecuniosity (with Ms. Queenie W.S. Ng)
  • Rickeed Industries Limited v Hong Kong Tohkoh Company Limited [2022] HKCFI 106 : Defective goods received by the Plaintiff from international sale of goods; reasonable period for rejection in the case of a purchaser/Plaintiff who purchased the goods for the purpose of resale (with Ms. Queenie W.S. Ng)
  • Te Wing Chi v Secretary for Justice [2021] HKCFI 3473 : LegCo candidate failed to lodge Election Return; ignorance of the law amounts to inadvertence and discretionary relief granted (leading Mr. Colman Li)
  • Ng Sau Ching v Li Chi Yeung Romia, DCCJ 345/2020 : Jurisdictional requirement; interpretation of s37(1)(a) of District Court Ordinance; successfully resisted an application to transfer the matter to High Court (sole advocate)
  • Mental Health Ordinance Part II application
  • Probate and Administration Ordinance, s35 & 36 application
  • O.14 application for summary judgment in various commercial/contractual settings
  • O.113 application for vacant possession

MEMBERSHIP & APPOINTMENT

Legal Advisor, Hang Hau Rural Committee (2019 – 2023, 2023 – 2027)
Visiting Lecturer, Hong Kong Legal Training Institute

PUBLICATIONS & ARTICLES

Headnoter, Hong Kong Cases
Contributor, Lexis Advance® Hong Kong Practical Guidance by LexisNexis

For Kev’s cases, please click here.