News & Events

The Chief Justice on 25 March 2020 responded to concerns about the continuing general adjournment of legal proceedings (known as “GAP”) during this public health crisis by foreshadowing the greater use of technology.  The use of technology can prevent both the unnecessary gathering of crowds, and also assist in managing the significant backlog of cases arising from the general adjournment of courts.

We have closely watched the announcements and updates in anticipation of this health crisis inspiring new initiatives that will allow the legal profession to continue to operate during these uncertain times. Though there has been a slow transition towards the use of technology by the judiciary, Gilt Chambers has adapted and embraced new ways of working to ensure we remain available to our colleagues and clients. To read more about this in depth see the full article linked below.

Update on Court closures and future proceedings by technology

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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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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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