Danny C. W. Tam (譚智偉)



Partner
Email : dannytam@tstong.com.hk
Tel : +852 2522 9432

 
Danny Tam is a partner of the firm. He is also a China-Appointed Attesting Officer, an Accredited Mediator and a Civil Celebrant of Marriages.

Danny served as a co-annotator of the 1st edition and subsequent reissue of a detailed work of reference on the Employees’ Compensation Ordinance (Cap.282), forming part of the series of The Annotated Ordinance of Hong Kong published by LexisNexis Butterworths. He has been solely responsible for the 3rd, 4th, 5th and 6th reissues of those annotations and his annotations are adopted entirely in the 1st, 2nd, 3rd, and 4th editions of Butterworths Hong Kong Employees’ Compensation Handbook which is a handy reference having a special appeal to solicitors, barristers, in-house counsel, insurance executives, human resources managers, businesspersons, judicial officers and all those who are required to deal with the issue of compensation to employees in Hong Kong. Danny has served as a guest lecturer at The Faculty of Law at the University of Hong Kong, and has also given seminars for major insurers, charitable organizations and employment agents of both foreign domestic helpers and their employers.

Practice Focus


Being a litigation and dispute resolution lawyer, Danny is highly regarded for his advisory and claims defence work in personal injuries, employees' compensation, insurance and insurance-related litigation. He advises on intellectual property and tenancy matters as well as a broad range of litigation relating to land disputes, commercial disputes and probate matters. He also has experience in dealing with the financial matters of mentally incapacitated persons by way of making guardianship applications to the Guardianship Board and/or applications to the High Court for the appointment of committees under Part II of the Mental Health Ordinance (Cap. 136). He works closely with reputable PRC lawyers and regulatory bodies for cross-border transactions and probate matters. Danny also serves as a legal advisor to a number of artists and concert management companies.

Danny is leading his legal team in providing Mainland clients with a wide range of legal services including China Attesting Services and advising on corporate compliance, due diligence, cross-border transactions, contractual agreements, property transactions, share transfers, insurance disputes, medical negligence, successions, litigation and dispute resolutions, personal property investigation and trust etc. Danny has also maintained a close working relationship with partners and lawyers working in numerous PRC law firms including Chance Bridge Partners, Zhong Lun Law Firm, DeHeng Law Offices (Shenzhen), JunZeJun Law Offices (Shenzhen) and China Commercial Law Firm.

Major Representative Legal Matters


Acted for multi-national insurance companies in defending personal injuries and employees’ compensation claims.

Acted for the Hong Kong Philharmonic Society Limited, one of five defendants to a personal injuries claim in the case of Kristan Bowers Philip (HCPI 580/1996). The hearing lasted over 80 days and the Plaintiff was awarded damages of more than HK$17 million. Successfully got the lowest apportionment of liability amongst the five defendants.

Acted for the defendants/appellants in Chan Tak Yim v Wong Tit Kin & Anor (CACV 495/2001), in which the Court of Appeal set aside the original colossal award exceeding HK$7 million and remitted the case back to the High Court for assessment of damages.
  Defended the plaintiff’s appeal successfully in Tang Sau Tsan v Wealthy Construction Co Ltd (CACV 58/2000) in which the Court of Appeal laid down the cardinal principle that medical experts are not expected to give opinion on the percentage of loss of earning capacity.

Acted on the instructions of an insurer in the case of Yardway Motors Ltd v Tam Siu Lun [2005] 2 HKLRD 118 to determine an intricate legal issue: whether an employer has a right of contribution from the third party under the Employees' Compensation Ordinance (Cap.282) and/or Civil Liability (Contribution) Ordinance (Cap.377) where an employee dies of injuries caused by the negligence of his employer as well as a third party. The Court of Appeal ruled in favour of our client in this landmark decision, which substantially changed the interpretation of the then existing law.

Represented the defendant in Wong Pou Yin Kennie v Maxim’s Caterers Limited (HCPI 753/2009) in which the plaintiff’s claim for personal injury damages in respect of a work accident allegedly caused by negligence and breach of duty on the part of her employer was dismissed with costs.

Successfully resisted the personal injuries claim by the plaintiff in Ng Hiu Man v Trade in Asia Limited (DCPI 2640/2013), leading to the dismissal of her claim with costs to the defendant who was represented by our firm on the instructions of its insurers.

Acted for an insured party who googled Danny, and successfully obtained an indemnity on its behalf in respect of a personal injuries claim which was originally declined by an international insurer arising from an industrial accident involving multiple contractors.

Accepted instructions from numerous PRC listed companies to provide legal opinions on Hong Kong laws.

Acting for numerous PRC companies under annual retainers.

An insurance holding company in PRC has included Danny in its database of external legal experts.

Acted for Mainland clients to deal with succession matters by preparing and providing attested documents to assist clients to succeed real properties in the Mainland.

Provision of China Attesting Service with attested documents for use in Mainland China attesting and certifying legal acts, matters and documents happening in or emanating from Hong Kong.

Professional Qualifications

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Solicitor of the High Court of Hong Kong (1993)
Solicitor of the High Court of England & Wales (1994)
Civil Celebrant for Marriages (2006)
Accredited Mediator of Hong Kong International
Arbitration Centre
Accredited Mediator of the Law Society of Hong Kong (2012)
Accredited Mediator of Hong Kong Mediation Accreditation
Association Limited (2013)
China-Appointed Attesting Officer (2019)

Education


The University of Hong Kong, LL.B. (1990), P.C.LL. (1991)
Certificate of Completion of Seminar on Mainland Commercial Law jointly held by Peking University Law School – Liaison Office of the Central People’s Government in the HKSAR (2016)

Languages


Written:
Chinese
English

Spoken:
Putonghua
Cantonese
English