Shahmim K. Khattak (Kelly Lam)

Shahmim K. Khattak (Kelly Lam)

Co-Head of Chambers │ Barrister
Call: 1996 (HK)

E-MAIL


Ms. Tiffany Kwan / Executive Secretary

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Ms. Lauran Low / Manager

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CONTACT

+852 2316 6988
+852 2341 9168

Profile

Kelly completed his pupillage with Mr. Johnny Mok SC, Ms. Winnie Tam, SC, Mr. Wong Yan-Lung SC, Mr. Ashok K. Sakhrani, and Mr. Bernard Chung.

Kelly is deeply inspired in his criminal practice by his pupil- master Bernard Chung, as well as the late Mr. Peter Wan Wah- shing, Mr. Albert Luk while he was serving his pupillage in Cheng Huan Chambers.

His approximate 20 years of working experience before joining the Bar includes:

– Police officer from 1978 serving under his first Sub-unit Commander, John Lee Ka-chiu, the present Chief Executive of the Hong Kong Special Administrative Region Administrative Region;
– School teacher in Japanese and English language;
– Marketing Manager in Hong Kong;
– Business entrepreneur in Timepieces in the middle-east country;
– An actor and a production staff in Hong Kong movies;
– A guest speaker in Hong Kong TV programmes;
– An actor in Japanese dramas and a guest in variety programmes;
– A host of an individual Fuji TV’s 13-episode TV programme “Hong Kong Dragon News”.

Areas of Practice

Kelly established Queensway Chambers in 2015 with Mr. Bowie Yip.

Kelly has developed a broad criminal and civil practice, he has appeared before all levels of Courts including Magistrates’ Courts, District Court, Court of First Instance, Court of Appeal, Court of Final Appeal, Family Court, Market Misconduct Tribunal, Disciplinary Proceedings of civil servants, etc. and he is very experienced in Jury trials.

He has significant experience in handling white-collar commercial crimes, ICAC-related corruption, Immigration, Customs and Excise cases, offences in money laundering, fraud and deception, sexual offences, conspiracy, misconduct in public office, perverting the course of justice, traffic offences, etc.

Kelly handles cases in financial markets which result in market misconduct proceedings in the criminal courts as well as in the Market Misconduct Tribunal.

In civil practice, he accepts instructions in defamation, matrimonial cases in the Family Court, contractual disputes, civil injunctions etc.

Disciplinary proceedings against civil servants is also Kelly’s specialty.

Before joining the legal field, the diversity of Kelly’s working experience for about 20 years in the police, educational and commercial field, show business, etc. shapes the uniqueness of his advocacy and skills in handling cases of different nature and clients with different demands.

Education

Kelly studied law at the University of Hong Kong and graduated in 1995. Kelly also graduated from the following institutions or completed the following studies:

  • Master of Laws (Chinese and Comparative Law) at the City University of Hong Kong in 2004;
  • Bachelor in Law of Manchester Metropolitan University, U.K.1998;
  • Final Diploma from the Institute of Linguists in 1988;
  • A Diploma in Japanese from the Hong Kong Polytechnic (now the Hong Kong Polytechnic University) in 1981;

Professional Appointments and Memberships

  • President of the “Lions Club Tsing Ma, Hong Kong”2021-2022
  • President of the “Lions Club Tsing Ma, Hong Kong”2022-2023
  • Immediate Past-President of the “Lions Club Tsing Ma, Hong Kong”2023-2024
  • Deputy Magistrate of Judiciary, Hong Kong 2007;

Publications

  • Legal Traps in Hong Kong Part 1 and Part 2 (Chinese language)
  • Column writer of Hong Kong Post (Japanese newspapers) since 1996 (Japanese language)
  • “Hong Kong Spirit” published in Japan (Japanese language)

Lectures & Seminars

  • Seminar speakers in legal forum
  • Guest speakers in schools
  • Guest host of Hong Kong TV Programmes on legal issues

Selected Cases

Court of Final Appeal

HKSAR v Chan C.L. [2024] HKCFA 1 (2024) 27 HKCFAR 31
(leading Anthony Lai, Jackson Chow, Chris Chan, members of Queensway Chambers)
– a dangerous drugs case which has significant implication regarding the scope of ‘Right to Silence’ in the context of lack of or late complaint regarding police impropriety

Two Court of Final Appeal cases involving the same appellant which arose from two High Court Jury Trials.

HKSAR v ZHOU L.M.(No.2) [2020) HKCFA 15(2020) 23 HKCFAR 169
(leading Anthony Lai and Holly Cheng, members of Queensway Chambers)
– a dangerous drugs trafficking case, whether a re-trial was appropriate in the light of the Appellant’s psychiatric condition.

HKSAR v ZHOU L.M. (2017) 20 HKCFAR 71
(leading Holly Cheng, member of Queensway Chambers)
– a dangerous drugs trafficking case, whether equivocal statements made by accused is capable of constituting admission of relevant fact in issue

HKSAR v Li K.C. [2014] (2014) 17 HKCFAR
– a significant case to determine what “Proceeds of Crime” is

Court of Appeal and Jury trial

Kelly handles cases involving the same or different appellants or defendants in appeal and jury trials.

HKSAR v Choi Y.C. HCCC 73/2015 (Trial)
(leading Anthony Lai, member of Queensway Chambers)
– a record-high money laundering case involving an amount of over 7.2 billion Hong Kong dollars on a couple of husband and wife who were the remittance agents

HKSAR v Lam M.N. HCCC 113/2012 (Trial)
– a conspiracy to defraud and money laundering case

HKSAR v Choi C. T. HCCC 226/2020 (Trial)
(leading Jackson Chow, member of Queensway Chambers)
– collecting parcel, alleged dangerous drugs trafficking case

HKSAR v Liu Y. K. CACC 176/2019 (Appeal)
(leading Anthony Lai, member of Queensway Chambers)
– appeal on confession obtained by fiancée’s inducements and oppression which requires a Mushtaq direction

HKSAR v Cheong C. Y. HCCC 178/2019 (Trial)
(leading Vincent Kwong, member of Queensway Chambers)
– an alleged dangerous drugs trafficking case

Two trials involving the same defendant on alleged dangerous drugs trafficking

HKSAR v Wong Y.W.
HCCC 375/2017
– (leading Richie Lai, member of Queensway Chambers)
HCCC 397/2019
– (leading Bowie Yip, member of Queensway Chambers)

HKSAR v W. L. CACC 227/2016 (Appeal)
(leading Anthony Lai, member of Queensway Chambers)
– appeal on mere suspicion is not sufficient for conviction of dangerous drugs offence

– Appeal and trial involving the same appellant / defendant –

HKSAR v LI X. L.
CACC 22/2014
– whether summing-up direction to Jury is unfair
HCCC 137/2013
– an alleged dangerous drugs trafficking case involving a university student

HKSAR v MAI L. HCCC 174/2015 (Trial)
– an alleged dangerous drugs trafficking case involving a property agent

HKSAR v M. A. HCCC 69/2014 (Trial)
– an alleged dangerous drugs trafficking case involving a tourist

HKSAR v BIAN Z. J. HCCC 131/2013 (Trial)
(leading Anthony Lai, member of Queensway Chambers)
– trial for the fifth time, an alleged dangerous drugs trafficking case involving a shop attendant

HKSAR v LI Y. H. HCCC 271/2013 (Trial)
– an alleged dangerous drugs trafficking case

HKSAR v CHEN H.D. HCCC 444/2012 (Trial)
– an alleged dangerous drugs trafficking case

HKSAR v ZHU J. (Appeal)
CACC 31/2011
– whether the summing-up direction to Jury is unfair
HCCC 287/2010
– trial, an alleged dangerous drugs trafficking case

Other Selected Cases of lower Courts

Appeal and trial for the same appellant / defendant

HCMA 1/2022 (Appeal)
(leading Wendy Lau and Anthony Lai, the latter being a member of Queensway Chambers)
– appeal on failure to consider credibility when the Appellant relied on mixed-statement without giving evidence in Court
WKCC 684/2021 (Trial)
(leading Wendy Lau)

HCMA 92/2019
– appeal on failure to consider evidence of defence and defence witness
STCC 4135/2017
– trial on making a false representation to an Immigration Officer

HCMA 151/2018
– appeal on manifestly excessive sentence
FLCC 4567/2017
– trial on common assault, criminal intimidation and criminal damage

HCMA 1199/2007
– appeal on the Court’s approach to consider a mixed-statement when the appellant did not give evidence in Court
ESCC 1560/2007
– trial on uttering false document

HCMA 486/2005
– appeal on whether there was falsity on the document
KTCC 7783/2004
– trial on fraud and deceiving the principal by using a document

Other Cases

STCC 1374/2022 (Trial)
– a case of civil servant on alleged voyeurism

ESCC 598/2022 (Trial)
– a case of civil servant on alleged indecent assault whilst on duty

DCCC 355/2021 (Trial)
(leading Member of Queensway Chambers Conan Tsang)
– a case of alleged money laundering through trading in solid gold

KCCC 1943/2021 (Trial)
– a case of civil servant on Misconduct in Public Office

KTCC 1555/2020 (Trial)
– a case of education officer of Education Bureau on Access to computer with dishonest intent

TMCC 1515/2020 (Trial)
– a case of property agents on alleged conspiracy to defraud and receive advantages

WKCC 5804/2018 (Trial)
– a case of civil servant on alleged indecent assault in MTR

ESCC 3926/2016 (Trial)
– a case of alleged false Trade Description on pharmacy