Kim J McCoy
kim.j.mccoy@giltchambers.com
Office Contact No.: 2866 8233
Fax: 2866 7858
Admission:

New Zealand (2011)
Niue (2012)
Hong Kong (2016)

 

Kim is developing a broad civil, public and criminal practice and accepts instructions in a wide range of practice areas.  He also has a keen interest in Animal Welfare Law.

Kim obtained his LLB and BA (Psychology) degrees from University of Otago, Dunedin in New Zealand. In 2011 he was called to the New Zealand bar and began practise as a Barrister – engaged in criminal, public law, and civil matters. He has appeared (either on his own or led junior) in every level of the New Zealand Court system including successful appeals in the New Zealand Supreme Court and the Privy Council. In 2012, he travelled to the island nation of Niue to undertake pro-bono legal work and appeared as counsel in the High Court and Court of Appeal of Niue. In 2015, he was junior counsel in the Privy Council in Pora v The Queen [2015] UKPC 9, in which the Appellant’s conviction for murder was quashed and no retrial was ordered. This was the last ever appeal from New Zealand to the Privy Council as the jurisdiction was disestablished by statute.

After a busy practise at the Bar in New Zealand, Kim relocated to Hong Kong and obtained his PCLL from the City University of Hong Kong. He joined Chambers in 2016 upon completion of his pupillage with Dr. Gerard McCoy SC, Mr. Michael Arthur and Mr. Steven Kwan.

Kim was born in Hong Kong and speaks fluent Cantonese and English.

Kim holds a New Zealand practising certificate is able to certify true copies, witness signatures or take an oath or affirmation in relation to New Zealand documents.
 

Selected Cases (HK) 


Civil

Hang Seng Bank Limited & Anor v Heng Sheng Holdings Limited & Ors HCA 1519 of 2018
-  Represented the Defendants in a claim brought by the Plaintiff involving intellectual property and passing off.
Ng Hing Yau (on behalf of herself and all other owners) & Anor v City Noble Development Limited & Ors HCA 430 of 2017
-  Represented the Plaintiffs in a multi-defendant civil trial involving different tortious actions and injunctive relief in relation to a multi storied building. Involved a successfully resisting an application for strike out taken out by the 5th Defendant on the basis that the Plaintiffs could not act on behalf of all owners of the building in a representative capacity.
Chairman and Deputy Chairman of the Preliminary Investigation Committee of the Medical Council of Hong Kong v Hospital Authority HCMP 2745 & 2747 of 2016
-  Represented the Defendant where the PIC was attempting to obtain medical records of a patient without their consent. Involved complexities related to a person’s fundamental right and powers of the PIC to sanction medical practitioners (led by Dr. Gerard McCoy S.C)
Dynamic Assets Management Ltd v Choi Chau Chung by Choi Lam Hung, Guardian ad Litem HCA 1556 of 2015
-  Represented the Defendant in a civil claim in relation to repayment of money issued under a Loan Agreement under section 18 Money Lenders Ordinance (Cap 163) sum by the Plaintiff.
Gainfield Investment Ltd v Lam Yi Lai (No.2) [2016] 4 HKLRD 534
-  Successfully opposing application by Plaintiff to re-amend their pleadings in an adverse possession trial.
Gainfield Investment Ltd v Lam Yi Lai DCCJ3736 2014
-  Represented the Defendants in an adverse possession trial (led by Mr. Lawrence Ng)
Global Bridge and Ors v Sun Hung Kai Financial Limited HCA 1701 of 2014
-  Represented the Defendants in an application for striking out of the Plaintiff’s Statement of Claim for an abuse of process (led by Mr. Steven Kwan)
Burberry Limited & Anor v Cheung Ko Ming & Ors HCA 1103 of 2013
-  Successful application in application for Mareva Injunction and Norwich Pharmacal relief
Multi-Winner Investment Limited & Anor v Lau Ming Yee HCA 880/2011
-  Assisted in an action for libel in relation to a dispute between owners of a building in relation to method of calculating the contributions for costs of renovation works in the building.
Wong Kam Tai & Anor v Hui Hing Ming & Ors DCCJ 3716 of 2017 and DCCJ 308 of 2018
-  Represented Defendant in a civil case in relation to water leakage in a multi storied building which involved expert evidence in relation to the source of water, methods of water leakage testing and the plumbing system of the building.
Evelyne Ng Yan Kwong v New Zealand Trade and Enterprise & Ors DCCJ 5024 of 2017
-  Represented the New Zealand Trade and Enterprise and other Defendants in an action brought by the Plaintiff against the Defendants in a hybrid harassment/defamation claim. Applications for strike out by the Defendants were made (led by Dr. Gerard McCoy S.C)
 
Criminal

HKSAR v Sauk Ash Zeak Yutt
HCCP 738 of 2018
-  Represented Defendant in successful High Court application for bail.
HKSAR v Khaw Kim Sun HCCC 374 of 2017
-  Represented Defendant in a double homicide trial which involved international expert evidence in relation to mechanical engineering and toxicology (led by Dr. Gerard McCoy S.C)
HKSAR v Bui Van Cuong HCCC 350 of 2017
-  Represented Defendant in a homicide trial (led by Mr. Richard Donald)
HKSAR v Cheung Chi Tai & Ors DCCC 883 of 2016
-  Representing Defendant in a complicated money laundering trial involving a cross between Hong Kong and Macanese law, as well as expert forensic accounting evidence.
HKSAR v Cheung Chun Yuen, Barry DCCC 718 of 2017
-  Representing Defendant in a large commercial fraud case.
 
Appellate

HKSAR v Luk Kin Peter Joseph & Yu Oi Kee Olivia
(2016) 19 HKCFAR 619
-  Represented second Defendant criminal appeal involving corruption and bribery as well specific sections of the Prevention Against Bribery Ordinance (Cap 201). The issues that the Court of Final Appeal had to determine related to agency, deception of the company by directors and attribution of knowledge by directors to a company (led by Dr. Gerard McCoy S.C)
HKSAR v MD Emran Hossain (2016) 19 HKCFAR 679
-  Represented Defendant in a quasi-criminal-public law case. This case rested heavily on the encroachment upon an appellant’s right to a fair and public hearing as well as considerations of apparent bias (led by Dr. Gerard McCoy S.C).
 

Publications

Consultant Editor and Case Reporter for New Zealand Administrative Reports (NZAR), Lexis Nexis, Wellington, New Zealand
Case Reporter for Hong Kong Cases (HKC), LexisNexis, Hong Kong
Legal Editor for Hong Kong Tort Cases and other law reports, Wolters Kluwer, Hong Kong
 

Lectures

Lecture on The Law of Defamation to Hong Kong Solicitors at the Annual CPD Fast Track Conference.


Education 

PCLL, City University of Hong Kong (2015)
Bachelor of Laws and Bachelor of Arts (Psychology), University of Otago (2011)
 

Awards

Middle Temple Advocacy Scholarship
Dean’s Honours List PCLL (2015)