Lau Kin Lok, Ken

LAU Kin Lok, Ken

Barrister
Call: 2023 (HK)

E-MAIL

kenlau@queenswaychambers.com

CONTACT

+852 2316 6988
+852 2341 9168

PROFILE

Ken formally joined the Queensway Chambers in 2023 after he completed his pupillage seating at Des Voeux, Temple and Queensway Chambers successively and his service as a judge’s marshal at the High Court. Versed in English, Cantonese and fluent in Mandarin, Ken is fully capable of handling cases and conducting proceedings in Chinese or English language. Ken is now building up a broad scope of practice with a relative focus on cases pertaining to commercial transactions, company operation, housing and land, intellectual property, goodwill and reputational safeguard, showbiz and the cultural industry, and public law- while keeping open to take up briefs on criminal matters occasionally.

In tandem with his legal practice, Ken has been working tightly with the International Intellectual Property Commercialization Council (IIPCC) – a permanent observer of the World Intellectual Property Organization (WIPO), United Nations, and a usual partner of the Asia-Pacific Economic Cooperation (APEC) – shortly after it was founded in 2013. Fulfilling the IIPCC’s mission to drive forward the universal IP economy, Ken has dedicated himself to numerous huge-scale and trans-national IP-oriented conferences, development projects, and exchange programmes which have an influence on exploring modern solutions to protect intangible and non-quantifiable assets, fostering regional and international harmony to welcome the opportunities and tackle the challenges engendered by artificial intelligence in unity, and bonding up innovators, investors, national offices, professionals and academics from different spheres to generate ever-growing business opportunities worldwide. Responsible primely for expanding the council’s collaboration circle, Ken maintains a particularly solid connection with the IP networks in Singapore, Seoul and Shanghai. He also represents the council in several think-tank meetings convened by the Chief Executive’s Policy Unit in Hong Kong at times. Ken currently remains in the position of General Strategic Relationships Manager at IIPCC on a wholly voluntary basis.

As regards his local appointments, Ken has been sitting in the Film Development Council since 2021 to perform the duties of making fund-vetting decisions, deliberating on and approving schemes and strategies to support and revive the film industry. He is also entrusted in the council to examine whether there are and advise on how to cope with any parodies and satires amounting to discrimination, defamatory innuendoes of public figures, misrepresentation triggering passing-off, risks of privacy intrusion, and any other latent legal or regulatory issues arising from the scenes, scripts, storylines and character design of the films potentially funded by the Film Council. Besides, Ken gave a guest speech in an Asian film-financing forum and participated in the promotional tour to several international film festivals as a Hong Kong delegate. In the beginning of 2024, Ken was appointed to the Housing Appeal Panel to hear the appeals lodged by public rental housing tenants accused of abusing housing resources and determine jointly with other panel members whether the corresponding notices-to-quit issued by the Housing Department should be enforced, cancelled or amended. Ken has adjudicated over 50 appeal cases so far covering a multitudinous mixture of issues including false declaration, persistent vacancy, chain of title, flat co-ownership, beneficial interests held in trust, succession by will, marriage in Mainland, duties of disclosure under bankruptcy, neighbouring nuisance, Government Lease, Conditions of Grant, proprietary shares in rural land, farming fields and ‘Ding’ Houses in New Territories.

Turning to the academic realm, Ken was invited to be a session speaker in the first major international academic conference premised on the unique status of Hong Kong as the only common law jurisdiction on earth adopting Chinese and English for its legal languages concurrently. During the conference, Ken had the pleasure to engage in a vibrant and in-depth discussion with scholars, lawyers and law-draftsmen from the Department of Justice known for their expertise in this domain. Two of Ken’s articles- one about digital copyright whereas the other on legal bilingualism- were selected and showcased in the HKU Student Scholarship Blog. The first article explicated online contributory infringements, the intermediate liabilities of transmission platforms, the safe harbour doctrine, and propounded a reform proposal for our cyber copyright regime by drawing reference from the US notice-and-takedown mechanism; on the other hand, the second paper contrasted the dissenting judicial approaches espoused by Hong Kong courts in different cases to interpret the ‘Equal Authenticity Principle’ for resolving the conflicts in meaning between the Chinese and English versions of statutory provisions.

Along his learning voyage, Ken had captured an array of awards in legal studies, writing and speaking. Ken also demonstrates a strong pro bono commitment by constantly offering gratuitous legal opinions to the people in need and by sharing his practicing experience and career reflections with law students.

FOCAL PRACTICE AREAS

  • Commercial and Contractual Disputes
  • Company and Employment Issues
  • Criminal Defence, Plea and Procedures
  • Confidential Information and Trade Secrets
  • IP-Licensing and Competition-restraining Covenants
  • Copyright Protection and Transmission Liabilities
  • Film & Series Production, Investment, Agency and Distribution
  • Defamation, Privacy, Moral Rights and Derivative Works
  • Patents, Designs, Trademarks and Passing-off
  • Property, Housing, Buildings and Nuisance
  • Personal or Corporate Debts and Insolvency
  • Public Policies and Administrative Decisions

PUPILLAGE SEATING

Ken embarked on his pupillage by sitting with Mr. Richard LEUNG J.P. and was led to tackle a wide spectrum of civil cases involving contract, company, land, arbitration and cross-jurisdictional disputes.

After that, Ken was received by Mr. Abraham CHAN S.C. for the subsequent pupillage seat and was given the chance to take part in the preparation for a series of significant judicial review cases and litigations giving rise to constitutional issues.

Ken later became the first pupil of Dr. Alain SHAM B.B.S.’s by taking the final seat with him, during which he had the opportunity to experience a vast diversity of criminal cases from both the prosecution and defence sides under the joint supervision by Mr. Shahmim Khan KHATTAK (Kelly LAM).

On top of shadowing the above pupil-masters, Ken had the privilege in the midst of his pupillage of being awarded a month from the Hon. Mr. Justice Russell COLEMAN to serve marshalling with his Lordship.

EDUCATION & ACADEMIC QUALIFICATIONS

BSS (Govt. & Laws), LLB, PCLL [HKU]; GDL [BPP, U.K.]

INTERNATIONAL & LOCAL APPOINTMENTS

  • International Intellectual Property Commercialization Council (IIPCC)                                                              [Permanent Observer of WIPO, United Nations]
    ➢ General Manager (Strategic Relationships Development) |  since 2020

 

  • Hong Kong Film Development Council (FDC)
    ➢ Fund-Vetting Committee Member
    ➢ Market Development Committee Member        |      since 2021
    ➢ Support Services Committee Member

 

  • HKSAR Appeal Panel (Housing)
    ➢ Panel Member |  since 2024

LAW CONFERENCE & BUSINESS FORUM

  • Conference on ‘Hong Kong Bilingual Legal System: Retrospect and Prospect’
    「香港雙語法制:回顧與前瞻」研討會, The University of Hong Kong,
    26-27 August 2023 | Session Speaker

 

  • “Future of IP” 2024 Intellectual Property Summit 未来知识产权高峰论坛,
    Grand Hyatt Shanghai, 9-10 December 2024 | Planner and Participant

 

  • 15th Hong Kong-Asia Film Financing Forum,
    Hong Kong Convention and Exhibition Centre,
    15 March 2017 | Guest Speaker

 

  • World Intellectual Property Leaders’ Forum 월드 IP 리더스 포럼,
    JW Marriott Seoul, 21 November 2016 | Participant

RESEARCH PUBLICATIONS

  • “Latecomer and Pioneer: The Prospect of Constructing a Fair Online Copyright Regime in Hong Kong by Transplanting the Notice and Takedown Mechanism from the United States” Student Scholarship Blog (SSB), Faculty of Law, HKU

 

  • 《香港中英法律文本──仍待商榷的「同等真確」》 “An Authentic Principle Yet to be Authenticated: The Equal Legal Authenticity of Chinese and English Language in Hong Kong” 學生文翰薈萃 (SSB), Faculty of Law, HKU

ACHIEVEMENTS, RECOGNITIONS & COMMITMENTS

Remarkable Scholastic Prizes

  • Temple Chambers Pupillage Award
  • Des Voeux Chambers Essay Prize
  • Eric Au Prize in the Use of Chinese in Law (HKU)
  • Fr. Barrett Memorial Scholarship- awarded by a Wah Yan College fellowship committee with an honourable judge from CFA and CA respectively and a barrister sitting in the board of trustees
  • Principal’s Honours List and Distinction for Associate of Arts in Legal Studies
  • Champion of HKU SPACE English Speaking and Writing Competitions

 

Responsibilities, Delegation and Service

  • Professional Advisor of Hoi Wang Community Service Association
  • HKU SPACE Lifelong Alumnus and Students’ Mentor
  • Member of Hong Kong Delegation to the 29th Busan International Film Festival
  • Student Advocate of the Train-the-trainers Workshop on Criminal Advocacy (HKU) 2019
  • Competition Ambassador of Hong Kong Competition Exchange 2018
  • Conference Chairperson of Hong Kong Model United Nations 2011 and 2012

NOTABLE CASE EXPERIENCE

(since pupillage)

Commercial

Hsin Chong Group Holdings Ltd (in Liquidation) v Lin Z Y & Ors HCA 1661/2019- an action by the liquidator of a cross-border investment-holding company with subsidiaries carrying mainly on the businesses of building construction and property development against the 34 directors of the holding company on the grounds of negligence and breach of fiduciary duties

Koo M K v Y K H Clement & Ors HCA 1619/2014- a tycoon’s passing-off and unlawful means conspiracy claim against a charitable committee of fund-raisers for listing his name as a committee member in a fund-raising campaign for a new school campus development project 

Tang C W v Yung W K HCA 1837/2020- a recovery action by the Plaintiff for HKD $1 billion as the full purchase price of a set of company shares, which the Defendant resists to pay by alleging the relevant sale agreement to be unenforceable due to the Plaintiff’s anticipatory repudiatory breach 

Future Stars Finance Limited v Pang Yf HKIAC/A21202- a claim of HKD $20 million -debts arising from a cross-border loan agreement in which the Respondent seeks to challenge the jurisdiction of the Hong Kong Arbitral Tribunal

Criminal

HKSAR v MUTYABA Robert HCCC 78/2022- a prosecution on conspiracy to drug trafficking against a Ugandan involving a combination of drugs with a street value over HKD $6.8 million

HKSAR v Au M H STCC 1374/2022- regarding a police officer charged primarily with voyeurism and alternatively outraging public decency for taking photo shots of a lady in a supermarket during his off-duty hours

HKSAR v Chan H H FLCC 1178/2022- regarding a young man charged with money laundering on the basis of the money transactions in his Jockey Club betting account subsequent to lending his account card to others

Public

Chen H T & Yin W H v Transport Tribunal & Commissioner for Transport HCAL 1597/2021- a judicial review against the Transport Tribunal’s ruling in affirming the Transport Department’s rejection of the Hire Car Permit applications by two UBER drivers 

HKSAR v L Y P David & 11 Others CACC 425/2015- a criminal appeal against a District Court decision convicting a group of male indigenous villagers owing the customary rights under the ‘New Territories Small House’ Policy in Hong Kong for conspiring to defraud the Lands Department by entering into a scheme with several property developers 

Kwok C K v Secretary for Health HCAL 1054/2022- an urgent judicial review against the Department of Health’s declaration of invalidity of the COVID-19 vaccine exemption certificates issued by a group of medical doctors under criminal investigation