An urgent application was heard on 4 July 2020 before the Hon Mr Justice Coleman after which an Interim Injunction was granted prohibiting the Commissioner of Police from accessing mobile phones. Leave to apply for judicial review was also granted.
The Applicants, Martin Lee Chu Ming, Albert Ho Chun Yan, Sin Chung Kai, Au Nok Hin, and Yeung Sum were represented by Albert N B Wong See SCMP report. Leave to apply for judicial review was also granted in relation to the following 4 Grounds:
Commentary by Adrian Lo
In Sham Wing Kan v Commissioner of Police  HKCA 186, the Court of Appeal (CA) delineated the circumstances and procedures under which a warrantless search of digital contents of a mobile phone could lawfully be conducted by law enforcement officer upon arresting a suspect. The principle of requiring judicial warrants where “reasonably practicable” were argued by Dr Gerard McCoy SC and Albert N B Wong.
Nicholas Cooney SC and Julian Cohen have both been named as being amongst the Leading Construction & Infrastructure Litigation Barristers in Hong Kong in the Doyle’s guide, 2020.
Andrew Lynn appeared for the Plaintiff, Roger Ver, in Ver, Roger Keith v OKEX Fintech Company (formerly known as Kind Castle Trading Company) and Xu, Ming Xing (徐明星) (HCA 2439/2016), in which the High Court of Hong Kong on 14 May 2020 dismissed an appeal by the 2nd Defendant, Xu Ming Xing (known as “Star Xu”), seeking to set aside leave to serve him out of the jurisdiction in Mainland China.
Andrew Lynn appeared in the High Court on Monday this week – on the first day of the Hong Kong courts’ reopening at the end of the General Adjourned Period (“GAP”) imposed as a result of the COVID-19 virus – acting for the plaintiff, Roger Ver, in the case of Ver, Roger Keith v OKEX Fintech Company (formerly known as Kind Castle Trading Company) and Xu, Ming Xing (徐明星) (HCA 2439/2016).
Counsel, solicitors, and observers had their temperatures checked, social distancing was observed, and oral submissions were made through disposable masks.
It is with heavy hearts Gilt Chambers announces the death of Dr Gerard “Gerry” McCoy SC on Tuesday 28th April 2020.
To say it is a great loss would be an understatement. Gerry was our guiding force as Head of Chambers, our friend, and our family. It has given us comfort to have read and received so many wonderful tributes about Gerry and the impact he had on the legal profession of Hong Kong. We sincerely thank everyone who has passed on their respects.
The stories we’ve shared about Gerry in the recent days have all had a similar theme, they’ve all talked about his generosity, his righteous fighting spirit, and his larger than life personality. He was one of the good ones, and he is now and will always be missed.
There have been two recent decisions of the Supreme Court in England which it would be useful for any Hong Kong practitioner to consider when dealing with the fundamental questions of (1) whether the relationship is one to which vicarious liability principles apply and (2) whether, even if it is such a relationship, the employee’s wrongdoing is such that liability should attach to the employer.