Lau Kai, Roy
劉鍇

Lau Kai, Roy
劉 鍇 大 律 師

Call: 2018

Tel: 2155 9343
Fax: 2155 9323
E-mail: roylk@eschambers.com.hk

Secretary: Ms Amy Li


Profile

Roy has a broad civil and criminal practice. On the civil side, Roy’s practice covers areas including land law, building management, adverse possession, construction, probate and trust, employment, family, company, insolvency, bankruptcy, personal injuries, and general civil and commercial law. Roy is particularly active in disputes relating to building management including water leakage, landlord-tenant, DMC disputes, and disputes concerning internal management and election. Roy has been instructed to act for over 30 Incorporated Owners, IO members, and managers.

On the criminal side, Roy has been instructed to conduct trials on general and white-collar crimes. Roy is regularly briefed to proseucte on-fiat on behalf of the Department of Justice. Roy has been instructed to conduct legal visits at various authorities including the Police, ICAC, Immigration Department, and the Competition Commission.

Aside from litigation, Roy regularly assists in drafting legal opinions for the listings or proposed listings of companies (IPO) on the Main Board and GEM Board of the Stock Exchange of Hong Kong Limited. Roy has also rendered legal opinion to a subsidiary of Chinese central State-owned enterprise on a construction dispute and arbitration in Hong Kong.

Roy is a contributor at LexisNexis in relation to publications concerning employment laws. Roy was a Visiting Lecturer of the Hong Kong Legal Training Institute.

Roy served pupillage with Mr. Douglas Kwok, Ms. Queenie Ng, Mr. Erik Shum and Mr. Phil Chau SC.

Roy is fluent in English, Cantonese and Mandarin.

Selected Cases

CRIMINAL

  • KCCC 2821/2023: Defendant acquitted of being the tenant of a premises permitted such premises to be operated, kept or used as a divan. Despite the unit being the subjects of three drug-related convictions, the Court accepted that although the defendant sub-let the unit to a sub-tenant, she had no knowledge of the sub-tenant’s illegal activity therein.
  • KCCC 3032/2022: Defendant acquitted of trafficking in dangerous drugs (cocaine; also acquitted of lessor offence of possession) despite being the proprietor of the subject premises (a bar) and full admission as to existence of illicit drugs in the premises.
  • ESCC 1498/2023: Defendant (D2) acquitted of handling stolen goods despite footage showing D1 and D2 entering the pawn shop together. No case to answer.
  • [2023] HKDC 626: mitigation for dangerous driving causing death of two pedestrians and dangerous driving causing grievous bodily harm to three pedestrians (led by Mr. Oliver Davies).

CIVIL

Land and Building Management

  • [2023] HKDC 834 – water leakage – successfully resisted O14 application on behalf of D1. (Also resisted the Plaintiff’s application for interim injunction).
  • [2023] HKLdT 68 – building management disputes – acted for the Respondent IO – successfully resisted the Applicant’s claim and succeeded in counterclaiming interests on overdue sums accumulated over 10 years.
  • LDBM 151/2024; LDBM 142-143/2024; DCCJ 1850/2024; LDBM 99/2023; LDBM 12/2023; LDBM 202/2022; LDBM 191-192/2022; LDBM 188-190/2022; LDBM 149/2022; LDBM 100/2022; DCMP 4566/2021; DCMP 4567/2021; LDBM 201/2021; LDBM 4/2021; LDBM 114/2020; LDBM 109/2020; DCCJ 5735/2017 – acted or acting for the Incorporated Owners.

General Civil, Commercial & Others

  • HCA 1173/2024 – contractual disputes involving allegation of maintenance (ongoing).
  • HCA 1073/2022 – loan agreement in contravention of PRC law – defence of illegality (ongoing).
  • HCMP 1132/2023  – election disputes for executive committees of an estate agencies association (acted for D1 – advice rendered and drafted affirmations in opposition).
  • HCB 7193/2003; HCB 8666/2020 – Annulments of bankruptcy orders.
  • HCCW 55/2021 – successfully applied for a validation order.
  • DCCJ 2836/2021 – acted for the Defendant – successfully applied for stay of proceeding in favour of arbitration.
  • DCCJ 4612/2023 – contractual disputes on sale of goods.
  • DCCJ 2937/2021 – disputes concerning breach of directors’ duties.
  • Various O.88 applications

ADVISORY

  • Various written legal opinions to Incorporated Owners and managers.
  • Written legal opinion to a subsidiary of Chinese central State-owned enterprise on a construction dispute and arbitration in Hong Kong
  • Assisted in drafting over 10 IPO legal opinions for listings or proposed listings on the Main Board and GEM Board of the Stock Exchange of Hong Kong Limited – covering issues on regulatory frameworks for different businesses in Kong Kong, taxation, land use, copyright, (non-)compliance with the Listing Rules, the Companies Ordinance, Cap. 622 and the Securities and Futures Ordinance, Cap. 571, etc.

Education

2017      PCLL, The University of Hong Kong
2016      LLB, The University of Hong Kong