Barristers

Dr. Gerard “Gerry” McCoy SBS QC SC

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Year of call: 1980 (New Zealand), 1987 (Hong Kong), 1985 (High Court of Australia), 1985 (NSW, Australia), 1985 (Victoria, Australia), 1986 (England and Wales), 1991 (Isle of Man), 1992 (Fiji), 2010 (Niue), 2016 (Cook Islands)

Year of silk: 1997

Gerry’s specialisations are Appellate law, International law, Competition law, Criminal law, Commercial law, Stock Exchange/SFC law, Tort, Equity , Constitutional law,  Public Law and Disciplinary Tribunals.

Former Member

Ranked by Chambers and Partners (Asia Pacific) as one of only two Star Individuals in Dispute Resolution in Hong Kong. He has appeared in numerous civil and criminal cases in the Court of Appeal and Court of Final Appeal. He was awarded the Silver Bauhinia Star in 2005 for services to law in Hong Kong.

Chambers and Partners (Asia-Pacific) have said “Gerard McCoy SC of Gilt Chambers is placed “in a category of his own” by one interviewee, not only for the “unparalleled diversity” of his expertise and his particular strength across the public law spectrum, but also as a “great advocate” whose skills are shown to best advantage in “cases involving innovative or difficult points of law.” Another source characterises him as “a tactical wizard who can always find an interesting way out of a problem.” In a commercial context, he is active on securities-related and competition matters and receives particularly high praise as the barrister chiefly instrumental in the crafting of an “extremely effective” defence in a Competition Tribunal enforcement action.”

Gerry regularly appears as counsel in the highest courts of a large number of different trial and appellate common law jurisdictions including the Privy Council (most recently Arorangi Timberland Ltd v Minister of the Cook Islands National Superannuation Fund [2016] UKPC 32, [2017] 1 WLR 99 (Declaring primary legislation unconstitutional on the basis of discrimination).  He is leading counsel in the first ever Privy Council appeal from Niue Misikea v Asellona to be heard in the third quarter of 2020.

Gerry successfully represented the Chinese Government’s Railways Department in the famous Congo case involving USD$28 billion: FG Hemisphere v Democratic Republic of Congo.

He has been accepted as an expert witness in the law of Hong Kong in Australia, New Zealand, Malaysia, Singapore, Brunei, Luxembourg, The Netherlands and the United Kingdom (most recently on behalf of the Australian Government in the Federal Court of Australia). He was appointed as a Deputy Judge of the High Court of Hong Kong in 2001-2003, exercising full civil and criminal law jurisdiction and as a Recorder of the High Court 2006-2008. He was a member of two Hong Kong Law Reform Commission Committees.

Gerry is also Professor of Law at City University of Hong Kong. He is an Adjunct Professor of Law at Canterbury University in New Zealand where teaches LLM students and occasional undergraduate courses.

Gerry still holds a practising certificate in New Zealand and is often instructed on matters in jurisdictions other than Hong Kong, including New Zealand, Fiji, Niue and the Cook Islands.

Legal Qualifications:

BA, LLB (VUW), MSc, PhD (Law) (Cant)

Memberships:

1995 - 2004, Member, Refugee Status Appeals Authority, New Zealand.
2002 - present, Member of the Faculty of Law, University of Canterbury, New Zealand.
2002 - 2006, Member of Hong Kong Law Reform Commission, "Hearsay in Criminal Law" Sub-Committee.
2004, Adjunct Professor of Law, University of Canterbury, New Zealand.
2004, Professor of Law, City University of Hong Kong.
2006 - 2009, Member of Hong Kong Law Reform Commission "Double Jeopardy in Criminal Law" Sub Committee.
2008 - 2018, Part time Professor of Law, City University of Hong Kong

Scholarships, prizes & honourable mentions:

1978, Sir John Ormord University Fellowship.
1980, Mobil Environmental Scholarship.
2005, Silver Bauhinia Star (for services to law).

Judicial/Statutory Body or Other Appointments:

1997 -2009, Member, Hong Kong Court of Final Appeal Rules Committee (statutory appointment).
2001, Amicus Curiae, Appointed by New Zealand Solicitor General in Judicial Committee of the Privy Council, London.
2001 - 2005, Deputy Judge of the High Court of Hong Kong.
2006 - 2009, Recorder of High Court of Hong Kong.

Languages spoken:

English, Cantonese (imperfect, in an enthusiastic but aberant tonal style)

Administrative Law in Hong Kong, 2nd Edition

Dr. Gerard “Gerry” McCoy SBS QC SC (Author )

1992

Archbold Hong Kong

Dr. Gerard “Gerry” McCoy SBS QC SC (General Editor (2004)) and Catherine FUNG (Contributing Editor) and Emma Tsang (Contributing Editor (2011 - present)) and Vicky Chung (Contributing Editor) and Daniel Hui (Contributing Editor (2014 - present)) and Azan Marwah (Contributing Editor (2015 - present))

2019

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

Habeas Corpus – Australia, New Zealand and the South Pacific

Dr. Gerard “Gerry” McCoy SBS QC SC (Author)

2018

Hong Kong Cases (HKC)

Dr. Gerard “Gerry” McCoy SBS QC SC (General Editor (1993 - 2006)) and Dr. Nisha Mohamed (Case Reporter) and Alfred Y F SIT 薛有輝 (Case Reporter) and Kim J McCoy (Case Reporter (2015 - present)) and Jacqueline Chan (Case Reporter) and Adrian Lo (Case Reporter)

2020

Hong Kong Civil Court Practice

Dr. Gerard “Gerry” McCoy SBS QC SC (Advisory Editor (1999 - present))

2020

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

Hong Kong Public Law Reports

Dr. Gerard “Gerry” McCoy SBS QC SC (General Editor (1995 - 2015))

2015

Judiciaries in Comparative Perspective (ed HP Lee)

Chapter 11: “Judicial Recusal”, Cambridge University Press, 2011

view more

Dr. Gerard “Gerry” McCoy SBS QC SC (Author)

2011

New Zealand Administrative Reports (NZAR)

Dr. Gerard “Gerry” McCoy SBS QC SC (General Editor (1997 - present)) and Kim J McCoy (Case Reporter) and Zoe M. McCoy (Case Reporter)

2012

The Most Fundamental Right: Habeas Corpus in the Commonwealth

Dr. Gerard “Gerry” McCoy SBS QC SC (Author)

2000

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