Barristers

Andrew Bruce SC (Head of Chambers)

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Year of call: 1977 (High Court of Australia), 1996 (Hong Kong), 1977 (South Australia)

Year of silk: 1996

Andrew Bruce, SC believes that best chance of success – preserving someone’s freedom or ensuring that person’s assets are safeguarded – depends on detailed preparation and a full understanding of legal principle. That makes argument, submissions, cross-examination and every other stage of the process more likely to produce a successful result.

Andrew Bruce, SC has been a barrister in private practice in Hong Kong since 2001. From 1982 to 2001 he was a prosecutor with the Hong Kong’s Department of Justice. Prior to that from 1977 to 1982 he was in private practice in Adelaide in Australia as a Barrister and Solicitor. He was a member of the Bar Council of the Hong Kong Bar Association between 2002 and 2006, including as vice-chairman of the Council.

Andrew Bruce, SC specialises in the conduct of proceedings which have a criminal or corporate element. His criminal cases almost always have an emphasis on a commercial or a corporate component usually involving charges of fraud, money laundering or private or public sector corruption. Many of these cases are high profile cases. He also has extensive experience in asset recovery (both domestic cases and as Hong Kong’s mutual legal assistance regime expands, international cases) and public law such as judicial review. Andrew Bruce conducts these cases both at the trial stage from the High Court to the Magistracy and on appeal at all levels including the Court of Appeal and the Court of Final Appeal and, until 1997, the Privy Council. Many of these cases now require a detailed knowledge of the Listing Rules of the HKSE and the powers of investigation by agencies such as the SFC and the ICAC. Andrew Bruce is often involved in representations to various levels of Government law enforcement agencies or regulatory agencies to avoid or limit criminal or related proceedings.

Asset recovery cases sometimes require advice or assistance on proceedings in the family jurisdiction of Hong Kong to search or secure family assets. Recent civil cases have concerned issues about the equitable interests in property the subject of fraud.

Since 1982, Andrew Bruce has been involved in the development of legal education in Hong Kong including as a member from time to time of the Faculty Boards of both Hong Kong University and the City University of Hong Kong. He has lectured at every university on topics relating to substantive law, the law of evidence and procedure, and practical matters such as dealing with the ICAC, the SFC. He has been for some years the Chair of the Special Committee on Criminal Law & Procedure of the Hong Kong Bar Association.

CONTACT

andrew.bruce@giltchambers.com

Direct Phone Number: +852 9464 0745

Judicial/Statutory Body or Other Appointments:

Deputy High Court Judge of Hong Kong

Languages spoken:

English

Cases involved in:

HKSAR v Muhammad Riaz Khan (2012) 15 HKCFAR 232
Court of Final Appeal – right to privacy.

HKSAR v Okafor [2012] 1 HKLRD 1041, 1 HKC 427
Court of Appeal – obligation of courts to give reasons.

HKSAR v Chow Chi Wai & Another HCCC 1022 of 2012
High Court – marine collision – trial.

JS Micro Electronics Ltd v Achada & Another [2013] 1 HKLRD 334
High Court – injunction – equities concerning alleged proceeds of fraud.

HKSAR v Vivien Fan (2011) 14 HKCFAR 641, [2012] 3 HKC 72
Court of Final Appeal – Shanghai Land case – involved since trial.

HKSAR v Van Huisjstee FACC 14 of 2010
Court of Final Appeal – theft.

HKSAR v Egan & Ors (2010) 13 HKCFAR 314, 5 HKC 180
Court of Final Appeal – obligation to give reasons.

Tsoi Man Hung & Another v Commissioner of Police [2008] 5 HKLRD 412, 5 HKC 513
Judicial review – obtaining DNA samples.

S-J v Lam Tat-ming & Anor [2000] 2 HKLRD 431
Court of Final Appeal – scope of discretion to admit admissions against interest.

Tang Siu-man v HKSAR [1998] 1 HKLRD 350, 1 HKC 381
Court of Final Appeal – character direction in criminal trials.

HKSAR v Ng Chun To DCCC 405/2009
District Court – conspiracy to defraud – trial.

HKSAR v Wu Wing Kit & Another DCCC 1022/2012
District Court – money laundering – trial and asset recovery.

Criminal Evidence in Hong Kong

Andrew Bruce SC (Head of Chambers) (Author (1991 - present)) and Dr. Gerard “Gerry” McCoy SBS QC SC (Author (1991 - present))

2020

Criminal Proceedings: Trial on Indictment

Andrew Bruce SC (Head of Chambers) (Author)

2020

Hong Kong Civil Procedure

Andrew Bruce SC (Head of Chambers) (Consultant Editor) and Nick Luxton (Contributing Editor) and Azan Marwah (Contributing Editor) and Jacqueline Chan (Contributing Editor) and Tina Mok (Contributing Editor) and Au Lut Chi (Contributing Editor (2018 - current))

2019

Hong Kong Law Reports and Digest (HKLRD)

Dr. Gerard “Gerry” McCoy SBS QC SC (General Editor (2007 - 2015)) and Andrew Bruce SC (Head of Chambers) (Consultant Editor) and Daniel Hui (Consultant Editor (2012 - present)) and Adrian Lo (Case Reporter (2019 - present))

2020

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