News & Events

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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Congratulations are in order for Kim J McCoy who was recently appointment to the Hong Kong Bar Association Committee on Criminal Law and Procedure 2020 (CCrimLP).

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Nick Luxton has been recognised for his excellence, ability and expertise in Maritime, Shipping and Transport Law by being named as a leading Junior Counsel in the Doyle’s Guide 2020.

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Congratulations to Kim Rooney who was recently appointed as the Chairperson for the Hong Kong Bar Association’s Arbitration Practice Committee (CArb).

We’re proud to have a member who is committed to the development and excellence of arbitration in Hong Kong.

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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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