About John
In 25 years as a public prosecutor in Hong Kong John appeared in all types of criminal cases, including trials at all levels and appeals to the Court of First Instance (Magistracy Appeals), the Court of Appeal, the Privy Council (pre-July 1997) and the Court of Final Appeal.
As Deputy Director of Public Prosecutions between 2000 and 2009, he handled many of the more difficult and complex criminal cases, provided comprehensive legal advice where necessary, and then, at various times, represented the HKSAR or the Secretary for Justice in proceedings before all the criminal courts.
Whilst he has handled the most serious of criminal cases (both as prosecutor and legal advisor), including murder, manslaughter, rape, and major drug trafficking, he has a particular interest in white collar crime, money laundering and cases involving corruption.
Since entering into private practice in January 2010, John has appeared for the defence in cases in the Magistrates' Court, the District Court and the Court of First Instance, the Court of Appeal, and the Court of Final Appeal, where he has represented defendants in trials, pleas in mitigation, applications for bail and appeals against both conviction and sentence.
In 2013-2014, John prosecuted the Carson Yeung money laundering case.
In 2017, John prosecuted Rurik Jutting who was convicted of brutal mutilation murders of two prostitutes. He unsuccessfully ran a defence of diminished responsibility, and his application for leave to appeal to the Court of Final Appeal was refused.
In 2018, John successfully defended a client charged with indecent assault, providing evidence for the first time in Hong Kong, in support of a defence of sexsomnia, a rare medical condition.
In 2020, John prosecuted Barry Cheung, a businessman, former Executive Councillor and a close associate of a former Chief Executive, for fraud on the Securities and Futures Commission. Cheung was convicted and sentenced to 4 years imprisonment.
John has also provided comprehensive legal opinions in both civil and criminal matters. He has also appeared in several civil cases, including the trial and appeal in a defamation case (concerning allegations of defamation on the internet) and an application to remove an arbitrator for misconduct.
Appointment
- Adjunct Professor, School of Law, City University of Hong Kong: 2010-2016
- Head of Pacific Chambers: 2010-2017
- Bronze Bauhinia Star (BBS) for services to Hong Kong as a prosecutor for over 20 years, particularly in the area of victims’ rights: July 2008 Honours List
- Deputy Director of Public Prosecutions in Hong Kong: 2000-2009
- Public Prosecutor in Hong Kong: 1984-2000
- Public Prosecutor in NSW: 1978
- Registrar and Coroner in the NSW Courts System: up to 1978
Selected Cases
- Secretary for Justice v. LUI Kin-hong (1999) 2 HKCFAR 510 - Leading case on documentary hearsay in criminal matters (led in this appeal by Michael Thomas QC, HK’s former Attorney General; John was trial counsel, and also appeared for the Respondent in the Court of Appeal)
- NG Siu-chau v. HKSAR (2000) 3 HKCFAR 62 - Corruption case; Were apprentice jockeys employees of the HKJC?
- POON Chau-cheong v. SJ (2000) 3 HKCFAR 121 - Power of Magistrate to review decision and to amend charges
- CHIU Yu-man and Others v. HKSAR (2001) 4 HKCFAR 331 - Is a letter of credit a valuable security?
- HKSAR v. CHU Kam-yiu and Others (2002) 5 HKCFAR 91 - Were persons who were acting as conduits for bets, receiving bets as bookmakers?
- HKSAR v. Zabed Ali (2003) 6 HKCFAR 192 - Did certain statements made by the accused constitute evidence of similar fact?
- LAM Chi-kwong v. HKSAR (2008) 11 HKCFAR 623 - Judge comparing role of the jury to that of a board of directors and incomplete directions on majority verdicts.
- HKSAR v. WONG Lin-kay (2012) 15 HKCFAR 185 - Is a driver employed by the Agriculture, Fisheries and Conservation Department, a Public Officer for the purposes of the offence of Misconduct in Public Office?
- Oriental Press Group and Others v. Fevaworks Solutions Limited and Another (2013) 16 HKCFAR 366 - Defamation on the Internet
- HKSAR v. Carson Yeung Ka-sing (DCCC 860/2011) - Money Laundering; led the prosecution team
- HKSAR v Mak Chai-kwong and another (2016) 19 HKCFAR 1 - Housing fraud case; Factual error by the judge, and an inappropriate application of the proviso by the Court of Appeal
- HKSAR v Rurik Jutting (CACC 361/2016) - Prosecuted a merchant banker for the gruesome murder of two foreign prostitutes and represented the respondent in the appeal.
- HKSAR v Boris Anthony Finan [2019] 4 HKLRD 36; (2020) 23 HKCFAR 220
- Defended a client charged with indecent assault. Successfully ran a unusual defence i.e. that the client was suffering from a condition known as “sexsomnia.”
- HKSAR v Barry Cheung (DCCC 718/2017; CACC 112/2020) - Prosecuted a businessman, former convenor of the Executive Council and close associate of a former Chief Executive for fraud on the Securities and Future Commission.
Professional Qualifications
- CEDR Accredited Mediator: 2009
- Appointed an Overseas ‘Silk’ in NSW, Australia: 2000
- Fellow of the Chartered Institute of Arbitrators: 1996
- Fellow of the Society of Advanced Legal Studies
Publications
Papers and Speakers at Conferences and Symposia
- 15th Cambridge International Symposium on Economic Crime ‘Recovering the Proceeds of Crime in Hong Kong.’: 1997
- 4th Annual Conference and General Meeting of the International Association of Prosecutors (Beijing) ‘Confiscation of the Proceeds of Crime – the Alternative View.’: 1999
- 13th International Conference of the International Society for the Reform of the Criminal Law (Malta). ‘The Fight against Fraud and Corruption from the Hong Kong Perspective.': 1999
- 18th Cambridge International Symposium on Economic Crime ‘Dealing with misconduct in the Financial Markets.’: 2000
- 20th Cambridge International Symposium on Economic Crime ‘The Importance of “Whistle-blowing” in the detection of Fraud – the Role of Auditors.’: 2002
- Heads of Prosecution Agencies Conference (Darwin) ‘The Breakdown of the Constitution.’: 2003
- 23rd Cambridge International Symposium on Economic Crime ‘Rogue Financial Institutions and the Damage they Cause.’: 2005
- 10th Annual Conference and General Meeting of the International Association of Prosecutors (Copenhagen). ‘Expert or Opinion Evidence in Common Law Jurisdictions.’: 2005
- Criminal Law Conference for LawAsia (Tokyo) Papers on (1) Video recording of interviews with suspects (2) Dealing with Vulnerable Witnesses.: 2007
- 25th Cambridge International Symposium on Economic Crime ‘Insider Dealing Offences. Do we really need them?’: 2007
- 25th Anniversary Conference for the Asia Crime Prevention Foundation (Tokyo). ‘Domestic Violence in Hong Kong.’: 2007
- 30th Cambridge International Symposium on Economic Crime 'Anti-Money Laundering Legislation in Hong Kong.': 2012
- 31st Cambridge International Symposium on Economic Crime 'Whistleblowers - Angels or Demons: Their motivation and how they are perceived.': 2013
- 34th Cambridge International Symposium on Economic Crime 'Dealing with Rogue Corporations - the Hong Kong Experience': 2016
- 35th Cambridge International Symposium on Economic Crime 'Proposals to Amend the Hearsay rules in Criminal cases in the Hong Kong SAR.': 2017
- “And Justice for All – the Barry Cheung Case” - a presentation uploaded on the Cambridge International Symposium on Economic Crime website: 2020
Publications
- Contributor, Chapter 33, Archbold Hong Kong.
- ‘Betting, Gambling and Lotteries’, Halsbury’s Laws of Hong Kong, Vol. 3.
- Chapter C6 ‘Infectious Diseases and the Law’, Public Health Infectious Disease.
- Gambling Ordinance, Annotated Ordinances of Hong Kong.
- Contributed articles on fraud, money laundering and white collar crime, to various legal periodicals including Amicus Curiae (the journal of the Society of Advanced Legal Studies), the Journal of Money Laundering Control and the Journal of Financial Crime.
- Chapter 54 (International Co-operation in Fighting Financial Crime), Research Handbook on International Financial Crime.
Education
- M.St. (Criminology), University of Cambridge: 2020
- CEDR Mediation Course: 2009
- Fellowship Examinations of the Chartered Institute of Arbitrators: 1996
- LL.M. University of Hong Kong: 1992
- B.A. Hons. (Philosophy), Deakin University of Victoria, Australia: 1990
- Diploma in Criminology, University of Sydney: 1981
- NSW Bar Exams: 1978