MAGGIE WONG SC

Cases:

Appearances as trial counsel/junior counsel in the following notable cases:

Court of Final Appeal

LI Defan and Anor v HKSAR (2002) 5 HKCFAR 320 – a case on whether a defendant’s failure to give evidence could be regarded as giving the prosecution case more probative force.

James Henry TING v HKSAR (2007) 10 HKCFAR 730 – a case on the court’s jurisdiction to order a retrial under s.83E of the Criminal Procedure Ordinance, Cap. 221 after appeal against conviction has been allowed.

HKSAR v SHUM Chiu and others [2008] 1 HKLRD 155, FAMC Nos. 5, 6, 42 & 43 of 2007 – a case in relation to the principles of the grant of a permanent stay of proceedings.

B v The Commissioner of The Independent Commission Against Corruption (FACC 6/2009) – whether s.9(2) of Prevention of Bribery Ordinance, Cap. 201 should be applied to a public official belonging to another jurisdiction and whether an agreement to make an offer in Hong Kong would constitute a conspiracy triable in Hong Kong.

HAU Tung Ying & anor v HKSAR [2011] 2 HKLRD 782: a case in relation to whether the appellants were convicted of the conspiracy charge on a basis which was different from that presented by the prosecution; (2) if so, whether in light of what happened at the trial, they had been disadvantaged or prejudiced so as to be deprived of a fair trial.

Vivien FAN & Others v HKSAR (FACC 6, 7, 8, 10, 11, 12/2010) – a case in relation to the misuse of the co-conspirator’s rule and the correct test on proviso.

HKSAR v LI Kwok Cheung George, CHENG Kai Ming Charles (2014) 17 

HKCFAR 319 – an appeal case in relation to money laundering. The appellants’ convictions were quashed on appeal.

LEUNG Wing Yi Asther v KWOK Yu Wah (FACV 10 & 11 of 2015) – an appeal case in relation to legal and beneficial ownership of shares in the context of matrimonial proceedings

HKSAR v Rafael HUI also known as HUI Si-yan Rafael & Others (FAMC Nos 8, 9, 10 & 11 of 2016 and (2017) 20 HKCFAR 264) – acted as junior counsel for the prosecution in relation to misconduct in public office and bribery related offences in the Court of Final Appeal.

HKSAR v TSANG Yam-kuen Donald (FACC 29/2018) [2018] 3 HKLRD 564; (2019) 22 HKCFAR 176– acted as junior counsel for the prosecution in the Court of Final Appeal in relation to misconduct in public office and bribery related offences against the former Chief Executive of the HKSAR Government.

Secretary for Justice v CHAN Chi Wan Stephen and Another (2017) 20 HKCFAR 98 – acted for the 2nd Defendant in a case stated appeal by the prosecution in relation to bribery offence.

Court of Appeal

The Incorporated Owners of Westlands Garden v Oey Chiou Ling and Another [2011] 2 HKLRD 421 and in [2010] 5 HKLRD 150 – represented the owners of the flat. A case on the construction of the DMC and the Assignment in relation to the ownership of partition walls dividing apartments.

HKSAR v LAU Tung Chee (CACC 457/2003) – a case on the prosecution’s duty of disclosure of a petition lodged by a prosecution witness for remission of sentence.

HKSAR v CHAN Chin Hung, Anders and CHE, Helen Yee Fun (CACC 163/2003)  – a case on whether there could be a pledge of chose in action and, if so, whether the creation of a charge is sufficient to amount to appropriation under s.4(1) of the Theft Ordinance, Cap. 210.

HKSAR v CHEUNG Ting Bong [2006] 3 HKLRD 171 – a case on the granting of immunity to accomplice witness and whether it infringes the principles of fair trial.

HKSAR v CHAN Kau Tai [2006] 1 HKLRD 400;  [2008] 4 HKLRD 404 – a case on the prosecution’s duty of disclosure on convictions of all prosecution witnesses, and the principles governing a judge’s discretionary power to admit evidence where there is a breach of the Basic Law or International Covenant on Civil and Political Rights.

HKSAR v CHU Wai San, KO Man Lok and Anor [2008] 4 HKLRD 18 – a case on mens rea of secondary liability and the distinction between specific intent or willful blindness and negligence and recklessness.

HKSAR v WONG Wang Sang Stephen and Anor (CACC 310/2006) – a case on the prosecution’s duty to put its case to defence witnesses.

HKSAR v HO Wing Cheong and CHAN Wing Kui (CACC283/2007) – a case on whether sentencing should reflect the differences in defendants’ roles and culpability in a conspiracy to defraud case.

HKSAR v SHUM Chiu [2011] 2 HKLRD 746: a case which concerned whether a person who entered a guilty plea in criminal proceedings that are subsequently rendered unlawful by a prior abuse of process and which, by reason of that abuse, should never have come before the court, can result in a verdict that, in terms of s.83(1) of the Criminal Procedure Ordinance, Cap. 21, is ‘safe’ or ‘satisfactory’.

HKSAR v DU Jun (CACC 334 / 2009) - an appeal case in relation to insider trading.

HKSAR v MA Hon Kit Sammy (FAMC 82/2010) – an appeal case in relation to insider dealing offences.

HKSAR v Lily CHIANG (CACC 238/2011) - an appeal case in relation to conspiracy to defraud charge.

HKSAR v YUAN Gui Ying (CACC 427/2011) – an appeal case in relation to money laundering.

HKSAR v HON Ming Kong and others [2014] 3 HKLRD 470 – an appeal case in relation to charges of conspiracy to defraud

HKSAR v Rafael HUI also known as HUI Si-yan Rafael & Others (HCCC 98 of 2013, CACC 444/2014, FAMC Nos 8, 9, 10 & 11 of 2016) – acted as junior counsel for the prosecution in the Court of First Instance, Court of Appeal and Court of Final Appeal in relation to misconduct in public office and bribery related offences against the former Chief Secretary for Administration.

HKSAR v TSANG Yam-kuen Donald (HCCC 484 of 2015, CACC 55/2017 [2018] 3 HKLRD 564, FAMC 49/2018, FACC 29/2018)– acted as junior counsel for the prosecution in the Court of First Instance, Court of Appeal and Court of Final Appeal in relation to misconduct in public office and bribery related offences against the former Chief Executive of the HKSAR Government.

Secretary for Justice v CHAN Chi Wan Stephen and Another (CACC 92/2013 & CACC 183/2014 [2016] 3 HKLRD 186)– acted for the 2nd Defendant in a case stated appeal by the prosecution in relation to bribery offence

HKSAR v NG Chun To Raymond (CACC 65/2015) – an appeal against conviction and sentence in relation to charges of conspiracy to defraud.

HKSAR v WU Wing Ki and another (CAC 299/2014) – an appeal against conviction in relation to money laundering, and the subsequent retrial of the 1st defendant ([2017] HKEC 1905).

Keen Lloyd Holdings Ltd And Ors v. Commissioner of Customs and Excise and Anor (CACV 97/2015 & CACV 107/2015 [2016] 2 HKLRD 1372) – an appeal case relating to constitutionality of a warrantless search and seizure provision in Import and Export Ordinance, the time limit for execution of search warrants and the provision of information to third parties.

HKSAR v FUNG Wing-yip, Wilson & Another DCCC 761/2018; [2019] HKDC 1113; CACC 295/2019 – acted for the Prosecution in relation to misconduct in public office and bribery offences against the former Deputy Secretary of the Economic Development and Labour Bureau of the Government of the HKSAR.

Others

HKSAR v Scofield and Others (WSC 13727 of 2001) – appeared as junior counsel where the defendants were charged with ancient Common Law offences of keeping a disorderly house (the ‘Fetish Fashion’ case).

Viva Magnetics Ltd. and Others v Secretary for Justice [2002] 3 HKLRD 571 – appeared as junior counsel in a case concerning time limitations for commencing prosecution and on the meaning of ‘discovery of the offence by the prosecutor’ in s.120A of Copyright Ordinance, Cap. 528.

Re KOK Hiu Pan [2002] 3 HKLRD 20 – a case on the jurisdictional requirements of bankruptcy petition.

HKSAR v SO Ping Chi (DCCC 338/2015) (April 2016) and CACC 186/2016 (20 June 2018) [2019] 1 HKLRD 140– a trial in relation to the offence of misconduct in public office concerning the Lamma Ferry incident

HKSAR v Ngo Van Nam & Abdou Maikido Abdoulkarim (CACC 418/2014 & CACC 327/2015) [2016] 5 HKLRD 1(April 2016) – acted as amicus curiae in relation to the question of whether a prescriptive form of guidance and a structured regime of sentence reductions for guilty pleas similar to the 2007 Sentencing Guidelines on Reduction in Sentence for a Guilty Plea in UK should be adopted in Hong Kong.

Sha Lo Tung Development Co Ltd v Persons entering, remaining on, trespassing, occupying or doing building works on Lot Nos 513, 1315, 1320 in demarcation district No 31, Tai Po, New Territories without the consent or permission of the plaintiff and persons preventing, hindering or obstructing the plaintiff or its employees, agents, representatives or authorised persons from access to and egress from, or enjoyment or use of land ([2018] HKCFI 228) – acted as Counsel for Sha Lo Tung Development Co Ltd seeking an injunction against the 1st and 2nd defendants from dong various acts in relation to a number of lots in Sha Lo Tung area.

Lee Pak Yan, the Personal Representative of the Estate of Lee Chi Ying, deceased v Sha Lo Tung Development Co Ltd HCA 2220/2018 (unreported, 9 September 2019) [2019] HKCFI 2159 – acted for Sha Lo Tung Development Co Ltd in striking out the Statement of Claim.

Re: Tang Lin-ling (HCMP 2917, 2918, 2925, 2929 & 2931/2015) – acted as counsel for the Secretary for Justice in relation to a criminal contempt case where the person concerned took photographs inside the courtroom during a hearing on the clearance of the 2014 Occupy Mong Kok protest site.

Inquiry case

Commission of Inquiry into Excess Lead Found in Drinking Water (December 2015 – March 2016) – acted for one of the four main contractors and subcontractors in the Inquiry to ascertain the causes of excess lead found in drinking water in public rental housing developments.

The Independent Review Committee on Hong Kong’s Franchised Bus Service (April 2018 to December 2018) – appointed as Counsel for the Committee.

Court of Appeal of Brunei

YAM Pg Indera Wijaya Pg Dr. Hj Ismail Bin Pg Hj Damit and Wong Tim Kai v Public Prosecutor (Criminal Appeal No. 11 of 2007) – acted for the prosecution in relation to the corruption trial of the former Minister of Development

High Court of Brunei

Public Prosecutor v YAM Pg Indera Wijaya Pg Dr Hj Ismail Pg Hj Damit (HCCC 38 of 2004) – acted as junior counsel for the prosecution in a landmark corruption trial of former Minister of Development.