Barristers

Year of call: 2012 (Hong Kong), 2002 (Solicitor: NSW, Australia)

Richard has an advocacy and advisory practice covering a broad range of commercial chancery works and other areas.

Richard appears in a wide range of Courts and Tribunals, both as a sole advocate and as a junior. In addition to his civil practice, Richard also conducts prosecutions for the Department of Justice and acts as a defence counsel in various criminal cases. Richard is listed on both the HK Bar Association’s List of Mediators and HKMAAL’s List of General Mediators and has acted as a mediator in various cases in the areas of building and construction / renovation disputes, general commercial disputes, and negligence claims.

Before being called to the Bar, Richard practised as a solicitor in Sydney since 2002 until he joined IFPI in 2007 as an in-house lawyer working for the recording industry and he has particular experience advising international music companies on IP protection, licensing, enforcement and litigation.

CONTACT

richardsham@gmail.com

Direct Phone Number: +852 6692 8936

Legal Qualifications:

2009, Postgraduate Diploma in Intellectual Property Law, Oxford University.
2005, LLM (Judicial Review; Administrative Law; Government Regulation; Environmental Law & Policy), Sydney University.
2001, Civil engineering and law degree, the University of New South Wales.

Memberships:

Member of the Hong Kong Institute of Trade Mark Practitioners
CEDR Accredited Mediator
HKMAAL Accredited General Mediator

Scholarships, prizes & honourable mentions:

2016, Home Affairs Bureau’s Recognition Scheme for Provision of Pro Bono Legal Services Award.

Languages spoken:

English, Cantonese, Mandarin

Cases involved in:

Interlocutory Matters

HCA 2210/2015
Represented the defendant in setting aside default judgment

PATRICK HUNG HING YU v. HO YIN MAN AND OTHERS [2017] 1 HKLRD 1193
Appeared for the defendant re admission of hearsay evidence

HCA 1359/2017
Appeared for the plaintiff re leave to serve concurrent writ out of jurisdiction & resist defendant’s stay application

DCCJ 766/2017
Appeared for the plaintiffs for an injunction order

FISCALINK INTERNATIONAL LIMITED AND ANOTHER v. YIU YU SUM ALEX AND OTHERS HCA 5913/1997
Appeared for the defendants in a striking-out application

Bankruptcy/Insolvency

HCB 4855/2005
Appeared for the debtor for annulment of a bankruptcy order

HCCW 360/2013
Advised a creditor in a dispute with the liquidator –

HCMP 377/2019
Appeared for the mortgagee against a bankrupt defendant in an O.88 action

Building & Construction/Arbitration

HCCT 54/2016
Appeared for the defendant to challenge the court’s jurisdiction and acted for the defendant in the arbitration proceedings

DCCJ 3993/2018
Advised and acted for a furniture manufacturer and supplier in a building contract dispute

Defamation

DCCJ 2702/2016
Advised and appeared for the plaintiff in a libel case

Land/Trust

HCA 1658/2018
Represented the plaintiff in a trust/public charity case –

HCA 92/2007
Represented the defendant in a property/trust dispute

HCMP1011/2000
Represented the applicant in a property/trust case –

HCMP192/2016
Represented the plaintiff in an adverse possession case –

HCMP903/2017
Appeared for the plaintiff for an order under the Partition Ordinance

Fraud / Trust

HCA1658/2018
Advised and represented the plaintiff in a trust dispute –

HCA515/2019
Advised and represented the plaintiff in a fraudulent misrepresentation / constructive trust dispute

Mediation

Frequently acted as the mediator in civil matters at HKEMC mediation centre

Contracts

DCCJ 3590/2018
Represented the plaintiff in a commercial tenancy dispute

HCSA 30/2016
Represented the respondent in a Small Claims Tribunal appeal case

DCCJ 651/2017
Represented the defendant in a loan/investment contract dispute

Matrimonial Matters

FCMP 70/2017
Appeared for the applicant in a PtIIA (MPPO) application –

FCMP 175/2017
Represented the respondent in an application for financial relief –

Personal Injuries

DCPI 618/2017
Advised the plaintiff for quantum and appeared for the assessment of damages

HCPI 6/2016
Advised the plaintiff on liability and quantum

HCPI 491/2017
Advised the plaintiff on liability and quantum

HCPI 1013/2016
Advised the plaintiff on quantum

DCPI 204/2018
Represented the defendant a contractor against the injured employee of a lighting supplier

 

Butterworths Hong Kong Copyright Law Handbook, 4th Edition

Richard Sham (Annotator)

2017

Sign up to our newsletter

* indicates required