Kev LH Wan
温樂謙

𝐈𝐧𝐝𝐞𝐜𝐞𝐧𝐭 𝐀𝐬𝐬𝐚𝐮𝐥𝐭

• 𝐊𝐓𝐂𝐂 𝟐𝟐𝟔𝟏/𝟐𝟎𝟐𝟑 : CCTV of a lift in a residential building captured the alleged acts of indecent assault of the defendant. While the defendant elected not to give evidence and did not challenge the CCTV, the Court accepted that the defendant may have an honest belief in consent and was acquitted (sole advocate)
• 𝐖𝐊𝐂𝐂 𝟑𝟗𝟔𝟓/𝟐𝟎𝟐𝟑 : Victim alleged in a Facebook’s post that the defendant was a repeat offender involving multiple victims. The post attracted viral media attention and eventually led to prosecution of 2 charges of indecent assault against the defendant. The Court accepted that the incident may have been accidental as suggested by defence and acquitted the defendant (sole advocate)
• 𝐊𝐂𝐂𝐂 𝟑𝟑𝟑/𝟐𝟎𝟐𝟐 : ONFE for 7 charges of indecent assault (sole advocate)

𝐆𝐞𝐧𝐞𝐫𝐚𝐥 𝐂𝐫𝐢𝐦𝐞

• 香港特別行政區 訴 盧彥樺 [2025] HKDC 231: Money laundering in the context of insurance fraud involving proceeds up to HK$6M (sole advocate for D6)
• 𝐒𝐓𝐂𝐂 𝟒𝟏𝟏𝟓/𝟐𝟎𝟐𝟒 : Defendant acquitted of 2 charges of making false representations to an Immigration Officer and 1 charge of using false instrument (sole advocate)
• 𝐒𝐓𝐒 𝟖𝟓𝟐𝟕-𝟕/𝟐𝟎𝟐𝟒 : Successful plea bargain whereby prosecution agreed to withdraw two summons for employing persons not lawfully employable (sole advocate)
• 𝐊𝐂𝐂𝐂 𝟏𝟗𝟏𝟎/𝟐𝟎𝟐𝟒 : Defendant acquitted of AOABH despite footage (sole advocate)
• 𝐄𝐒𝐂𝐂 𝟏𝟐𝟓𝟑/𝟐𝟎𝟐𝟏 : Defendant acquitted of criminal intimidation (sole advocate)
• 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)

𝐏𝐮𝐛𝐥𝐢𝐜 𝐎𝐫𝐝𝐞𝐫

• 𝐄𝐒𝐂𝐂 𝟏𝟓𝟗𝟒/𝟐𝟎𝟐𝟐 : Defendant posted on Instagram a postive covid test image followed by tags “Stay positive Let’s spread positivity +”. Defendant adduced linguistic expert from HKU and was acquitted of incitement to expose other persons to the risk of infection (leading Ms. Michelle LY Wong)
• 𝐒𝐓𝐂𝐂 𝟑𝟓𝟖𝟒/𝟐𝟎𝟐𝟎 : Defendant acquitted of charges of unlawful assembly, criminal damage & prohibition of face covering regulation (sole advocate for D1)
• 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

𝐎𝐭𝐡𝐞𝐫𝐬

• Various bail application in Magistrate’s Court, District Court and High Court
• High Court Appeal

𝐋𝐚𝐧𝐝 𝐚𝐧𝐝 𝐀𝐝𝐯𝐞𝐫𝐬𝐞 𝐏𝐨𝐬𝐬𝐞𝐬𝐬𝐢𝐨𝐧

• KWOK CHOI NGO as the next friend of LUI LIN SHUN v. SHEEN MAN LUN (aka SIN MAN LUN) AND OTHERS [2024] HKDC 1961 : successfully resisted claim by squatter in a 7-day trial for adverse possession of land allegedly from 1973 to 2016; key witness discredited and Court found lack of animus possidendi (sole advocate for paper owner);
• Chan Yui Kin v Siu Hun Mui, DCCJ 1021/2019 : obtain declaratory relief on the basis of adverse possession against co-owner (sole advocate);
• Lam May Por v The Estate of Chan Ching Woon [2023] HKDC 1219 : obtain declaratory relief against deceased’s estate; whether the estate devolve to the HKSAR Government as “bona vacantia” (sole advocate);
• Yau Chun Wing v Wong Wing Kuen & Ors, DCCJ 1384/2020 : obtain leave to adduce survey report with costs; Court accepted submissions that paper owner’s pleadings are equivocal (sole advocate for squatter)
• LDPD 397 of 2023 : resisted Plaintiff ‘s claim for possession and mesne profit of a small house – successfully disputed plaintiff’s alleged capacity as “owner” of a small house on the strength of a sale and purchase agreement which was shadowy (sole advocate for the respondent);
• 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; set aside O.113 possession order with costs (sole advocate acting for squatter)

𝐓𝐬𝐨 𝐓𝐨𝐧𝐠

• 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)
• Application against tso manager for distribution of proceeds among members of tso (ongoing HC Action)

𝐖𝐚𝐭𝐞𝐫 𝐥𝐞𝐚𝐤𝐚𝐠𝐞

• Kwok Shu v IO of Kent Building [2021] HKDC 632 : 5-day 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)

𝐀𝐩𝐩𝐞𝐚𝐥

• CHUNG SUET WAN v. CHUNG SUET HAN AND ANOTHER [2024] HKDC 2166 : resisted application to extend time for leave to appeal; Judge ruled that the intended appeal was hopeless and did not enjoy any reasonable prospect of success (sole advocate)
• Lee Cheuk Lam v Tai Ping Carpets Limited, HCLA 3/2023 : successful appeal against decision of labour tribunal; case remitted back for re-trial and applicant obtained majority of relief (leading Michelle L.Y. Wong)
• 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)

𝐆𝐞𝐧𝐞𝐫𝐚𝐥 𝐂𝐢𝐯𝐢𝐥

• Successful application for Benjamin Order: RE WONG FUNG FONG and TANG TIM FUK, the co-administrators of the estate of LIN FAT WONG also known as WONG LIN FAT, the deceased [2024] 4 HKLRD 970; [2024] HKCFI 2686 (Written Submissions by Kev Wan and William Kwok appearing at the first hearing)
• 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 and awarded client indemnity costs at High Court scale) (sole advocate)
• 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)

𝐅𝐚𝐦𝐢𝐥𝐲

• 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)

𝐎𝐭𝐡𝐞𝐫𝐬

• 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
• Ex-parte injunction

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

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