Conventus Law

Conventus Law

by

General experience

 

Malcolm Kemp heads the litigation and financial services (contentious) practice of Stephenson Harwood Hong Kong. He acted for large multinational corporations to medium and small sized companies and banking institution on all aspects of litigation and regulatory, arbitration and other forms of dispute resolution matters in various industries. He in particular specialises in commercial litigation, insolvency and restructuring, marine and international trade and contentious regulation. Malcolm also advises professional services firms on their professional indemnity matters.

 

Specialist areas

 

Insolvency and restructuring

 

Malcolm has significant insolvency and restructuring experience involving a number of jurisdictions.

He successfully represented the Official Receiver's Office in the first ever application by the Official Receiver in Hong Kong for the removal of liquidators from office, including several related interlocutory applications. The matter proceeded to the Court of Appeal.

 

He also acted for Tradepower Hong Kong Limited and its directors defending claims by the liquidators of Tradepower Holdings alleging unfair or fraudulent preference and misfeasance. After a three day trial, he successfully persuaded the Court to dismiss the claims, setting down for the first time an authority on the operation of S60 of the Conveyancing and Property Ordinance.

 

Professional indemnity

 

Malcolm specialises in accountancy negligence issues.

 

He prosecuted an audit negligence claim on behalf of the liquidators of an insolvent group of companies against a 'Big Four' accountancy firm and the ex-managing partner of that firm. The claim is quantified, excluding interest, at approximately HK$590 million. 

 

He also advised departing partners of a 'Big Four' accountancy firm in relation to their partnership and employment agreements.

 

Marine and international trade

Malcolm and his team advises ship owners, ship yards, banks, insurers, P&I clubs and energy services companies. He recently successfully defended a marine insurance claim on behalf of People’s Insurance Company of China (Hong Kong) Ltd. (“PICC”) against Kam Hing Trading Ltd. (“Kam Hing”), following an eight-day hearing in the Hong Kong Court. The case filed a landmark decision on ICC/01. 

 

Financial services

Malcolm specialises in providing contentious regulatory and compliance advices to banking institutions and intermediaries, insolvency practitioners, borrowers, brokers, investors and issuers. 

 

Contentious trust matters

Malcolm specialises in advising both international and domestic clients on contentious trust and probate matters. He and his team acted for the administrators of the Estate of Nina Wang, Asia’s richest woman in the dispute over entitlement to her estate (reported to be worth in excess of US$10 billion).

 

Background

 

Receiving a BA, Jurisprudence from Keble College, Oxford University in 1976, Malcolm was admitted in England and Wales in 1980 and Hong Kong in 1982.  Malcolm joined SH (Hong Kong) as a partner in 1989 and became a partner in SH (London) in 1994.  

 

Malcolm has been identified as a Leading Individual in Dispute Resolution by Legal 500 and Chambers Asia 2008 – 2015 respectively. 

Recent speaking engagements

 

 

  • “A singular route to immortality”, STEP Hong Kong, 7 July 2011.
  • “The Pains of Adolescence: The Civil Justice Reforms some 30 months on”, The Chinese University of Hong Kong, 11 November 2011

 

Recent work

 

  • Defending a marine insurance claim on behalf of PICC against Kam Hing Trading Ltd. (“Kam Hing”).Acting for the Liquidators of NCHKG in all matters related to the liquidation of this financial services group, one of the largest corporate insolvencies in Hong Kong.
  • Representing Omnicorp Limited in proceedings brought by the liquidators of Akai Holdings Limited, one of the largest corporate insolvencies in Hong Kong. This case is highly comlex and it involves an immensely huge claim of not less than HK9.7 billionRepresenting the Stock Exchange Listing Committee and advising them in various disciplinary hearings (e.g. New World 2008).
  • Representing the Stock Exchange Enforcement Division in prosecuting claims. 
  • Acting for Korean banks in a substantial dispute with a large European bank.
  • Acting for the minority shareholders of Lamex Trading Company Limited against the board and majority shareholders.
  • Acting for a substantial minority shareholder in an action against the board of Sen Hong   Resources Holdings Limited.
  • Acting for the minority shareholders of 02 New Technology Limited in a dispute against the board.
  • Acting for liquidators of New China Hong Kong Finance against Ernst and Young re Corporate Governance (lack of) and conflicts of interest.
  • Defending BDO Binder (accountants) against liquidators of German Kitchens in allegations and negligence.
  • Obtaining stay of liquidation of Asean Interests Limited after 4 years of liquidation: covering many aspects of corporate governance including disqualification of directors.

 

“Malcolm Kemp heads both the litigation group and contentious financial services regulatory group. Interviewees highlight that he has a "a very practical manner and good touch in handling clients.”
Chambers Asia 2014

 

“Malcolm Kemp has considerable experience in financial institution and maritime-related matters. However, he is most recognised for his insolvency disputes practice, and recently acted for the liquidators of NCHKG on the ongoing liquidation process.”
Chambers Asia 2012