The Court of Appeal upholds the principle of requiring a warrant to access contents of a mobile phone whilst clarifying warrantless searches can only be conducted with reference to the concept of “reasonable practicability” as submitted by Dr Gerard McCoy QC, SC, and Albert N B Wong (for the 2nd Interested Party).
Timothy Harry appeared in Popely v Popely 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.
- Recent Cases
- 28 March 2020
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.
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.
- Recent Cases
- 25 March 2020
In OCBC Wing Hang Bank Ltd v Kai Sen Shipping Company Ltd  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.