Richard Sham
richardsham@gmail.com
Office Contact No.: 2866 8233
Mobile No.: 6692 8936
Fax: 2866 7858
Admission:
BE (Civil) LLB (UNSW), LLM (Syd), Dip IP (Oxon)
Year of Call: 2012 (HK); 2002 (Solicitor, NSW Australia)
CEDR Accredited Mediator
Languages: English; Cantonese; Mandarin
PRACTICE OVERVIEW
Civil and criminal practice.
 
Richard has an advocacy and advisory practice covering a broad range of commercial and chancery work as well as personal injuries, administrative appeals, judicial review and human rights work, with a particular emphasis on the following areas:

●General commercial and contractual disputes;
●Civil fraud and asset recovery;
●Injunctions and other interim relief;
●Intellectual property and licensing (copyright & trade mark);
●Corporate and personal insolvency;
●Company and partnership disputes;
●Personal injuries;
●Matrimonial disputes;
●Professional negligence;
●Land disputes;
●Landlord & tenant (both commercial and residential); and
●Trusts and probate.
 
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 civil disputes.
 
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.
 

ACADEMIC BACKGROUND
Richard obtained his combined civil engineering and law degree from the University of New South Wales in 2001 and an LLM (Judicial Review; Administrative Law; Government Regulation; Environmental Law & Policy) from Sydney University in 2005. In addition, he was awarded a Postgraduate Diploma in IP Law from Oxford University in July 2009.
 

SELECTED CASES
Richard’s recent cases include:
●Appeared on behalf of a land owner to seek interim injunctive relief; Advised on security of costs issues – [HCA 1658/2012];
●Prepared affirmation in support of stay application in matrimonial matter – [FCMC 17689/2012];
●Acted on behalf of a defendant in a personal injuries claim arising out of a car collision accident – [DCPI 2613/2012];
●Acted on behalf of the defendant and prepared defence & counterclaim in a sale of goods dispute – [DCCJ 2231/2013];
●Acted as mediator in a negligence claim – [DCCJ 1980/2012];
●Acted as mediator in an investment dispute – [DCCJ 2171/2012];
●Acted as mediator in a building and construction dispute – [DCCJ 4462/2013];
●Appeared for defendant on an employment offence case – [KTS 13615/2013];
●Advised a pawnshop owner on an alleged fraud and defamation case and prepared settlement agreement;
●Prepared amended defence for a copyright infringement case – [HCA 1381/2012];
●Advised an overseas company on SFC’s list of unlicensed entities;
●Acted on behalf of a defendant contractor and prepared defence & counterclaim in a building and construction dispute – [DCCJ 1265/2014];
●Represented an employer defendant and advised on quantum in a personal injuries case – [DCPI 2003/2012];Represented an intended claimant and advised on liability & quantum in a fatal traffic accident case;
●Advised an international music company in drafting digital licence agreements;
●Represented a motion picture director and advised on licensing matters;
●Advised a copyright management organisation on copyright enforcement issues and strategies;
●Acted on behalf of an international insurance company and prepared written representation to Registrar of Trade Marks to address objections raised under relative grounds for refusal;
●Advised pawnbrokers association on obligations under PDPO and police’s pilot scheme for reports on unredeemed goods;
●Represented a publisher of children’s books and advised on allegations of passing-off;
●Advised an international organisation representing authors and composers worldwide on resale right;
●Advised a software programmer / engineer on issues of copyright infringement and licensing matters;
●Represented torture claimants to seek non-refoulement protection under the Convention against Torture;
●Advised an intended claimant in a civil fraud, tracing and asset recovery case;
●Advised a creditor about potential recovery actions that may be taken by the liquidators of a debtor company re s266 & 266B of Cap 32 – [HCCW 360/2013].
 

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