News & Events

Timothy Harry  appeared in Popely v Popely [2020]EWHC 667 (Ch), where the High Court in England was tasked to consider whether to make a third party costs order against someone who was not a party to the proceedings but who it was said was the driving force behind the litigation, which involved allegations of fraudulent misappropriation. The equivalent provisions in Hong Kong are section 52A(2)of the High Court Ordinance(Cap.4) and RHC O.62, r 6A. The Court made the Order for costs.

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Timothy Harry appeared in Homes of England Ltd v Horsham Holdings Ltd [2019] EWHC 2429 (Ch), where the Companies Court in England considered the application of American Cyanamid principles in the context of the equivalent unfair prejudice principles in a minority shareholders’ petition.

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Denise Souza and Kim J McCoy appeared for the Applicant in HKSAR v GUTIERREZ ALVAREZ Keishu Mercedes, CACC 320/2016, in which the Court of Appeal (Hon. Poon CJHC, Lam VP and Macrae VP) handed down its judgment on 25 March 2020.

The Applicant had been convicted of trafficking in a dangerous drug contrary to section 4(1)(a) and (3) of the Dangerous Drug Ordinance, Cap 134, and sentenced to 25 years’ imprisonment. Four separate grounds of appeal were advanced in the Court of Appeal.

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In OCBC Wing Hang Bank Ltd v Kai Sen Shipping Company Ltd [2020] HKCFI 375, the Hong Kong High Court considered an application by the defendant shipowner for a stay of the Hong Kong proceedings to arbitration. In a decision containing an orthodox analysis of the rules for determining the governing law of the arbitration agreement, the incorporation of arbitration agreements into bills of lading by reference, and submission to arbitration, the Court denied the application.

Nick Luxton counsel for the successful plaintiff back in the application, and member of Gilt Chambers wrote a review of the case on arbitration.site which can be found at this link

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HKSAR V Chu Ang FACC 6/2019

The Court of Final Appeal has adjourned the above appeal which had originally be set down for a substantive hearing on 21 February 2020.

On 15 November 2019, leave was granted by the Court of Final Appeal on the proper construction of “agent” for the purposes of section 9 of the Prevention of Bribery Ordinance, Cap 201. (FAMC 34/2019)

Dr. Gerard McCoy SC has been instructed to appear for the appellant, the HKSAR.

There is currently no date for the rescheduled appeal.

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Re: X STMP 987/2019

Albert N.B. Wong represented the Applicant successfully setting aside a warrant before the same Magistrate who had originally granted it ex parte, authorising the search and seizure of the Applicant’s medical records.

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Lee Wing Ho v A Magistrate, Another Magistrate and Commissioner of Police HCAL 132/2020

Dr Gerard McCoy SC and Albert N.B. Wong are representing the Applicant challenging the obtaining of a ‘bulk warrant’ singularly granting limitless access to all the digital contents stored in over 50 electronic devices which were seized and taken to 22/F of Police Headquarters.

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HKSAR v Tai Yiu Ting; Chan Kin Man; Chu Yiu Ting & ors (CACC 128/2019)

Dr Gerard McCoy SC and Albert N.B. Wong are representing Chan Kin Man and Reverend Chu Yiu Ting in their appeal for their respective roles in the “Occupy Movement” in 2014.

The appeal is scheduled to be heard on 24 -26 February 2020.

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