Andrew Bruce SC
andrew.bruce@giltchambers.com
Office Contact No.: 2866 8233
Mobile No.: 94640745
Fax: 2866 7858
Admission:
Barrister & Solicitor, Supreme Court of South Australia (1977)
Barrister & Solicitor, High Court of Australia (1977)
Barrister, Supreme Court of Hong Kong (1996)
Queen's Counsel for Hong Kong (1996)
Barrister of the High Court of the HKSAR; Senior Counsel (1997)
 

History and Experience: 

Andrew Bruce, SC has been a barrister in private practice in Hong Kong since 2001. From 1982 to 2001 he was a prosecutor with the Hong Kong's Department of Justice. Prior to that from 1977 to 1982 he was in private practice in Adelaide in Australia as a Barrister and Solicitor. He was a member of the Bar Council of the Hong Kong Bar Association between 2002 and 2006, including as vice-chairman of the Council. 

Specialties:

Andrew Bruce, SC specialises in the conduct of proceedings which have a criminal or corporate element. His criminal cases almost always have an emphasis on a commercial or a corporate component usually involving charges of fraud, money laundering or private or public sector corruption. Many of these cases are high profile cases. He also has extensive experience in asset recovery (both domestic cases and as Hong Kong's mutual legal assistance regime expands, international cases) and public law such as judicial review. Andrew Bruce conducts these cases both at the trial stage from the High Court to the Magistracy and on appeal at all levels including the Court of Appeal and the Court of Final Appeal and, until 1997, the Privy Council. Many of these cases now require a detailed knowledge of the Listing Rules of the HKSE and the powers of investigation by agencies such as the SFC and the ICAC. Andrew Bruce is often involved in representations to various levels of Government law enforcement agencies or regulatory agencies to avoid or limit criminal or related proceedings.

Asset recovery cases sometimes require advice or assistance on proceedings in the family jurisdiction of Hong Kong to search or secure family assets. Recent civil cases have concerned issues about the equitable interests in property the subject of fraud. 

Major publications:
Andrew Bruce is the author of Bruce & McCoy Criminal Evidence in Hong Kong (with Gerard McCoy SC) and Criminal Proceedings: Trial on Indictment. He is a consultant editor of the Hong Kong Law Reports and Digest and the White Book.

Nationality:

Australian 

Languages spoken:

English

Cases involved in:

HKSAR v Okafor CACC 437/10 (Court of Appeal - obligation of courts to give reasons)
HKSAR v Vivien Fan FACC 6/10 (Court of Final Appeal - Shanghai Land case - involved since trial)
HKSAR v Egan & Ors (2010) 13 HKCFAR 314, 5 HKC 180 (Court of Final Appeal - obligation to give reasons)
Tsoi Man Hung & Another v Commissioner of Police [2008] 5 HKLRD 412, 5 HKC 513 (judicial review - obtaining DNA samples)
S-J v Lam Tat-ming & Anor [2000] 2 HKLRD 431 (Court of Final Appeal - scope of discretion to admit admissions against interest)
Tang Siu-man v HKSAR [1998] 1 HKLRD 350, 1 HKC 381 (Court of Final Appeal - character direction in criminal trials)

Notable Cases:

HKSAR v Chow Chi Wai & Another HCCC 1022 of 2012 (High Court - marine collision - trial)

HKSAR v Ng Chun To DCCC 405/2009 (District Court - conspiracy to defraud - trial)

HKSAR v Wu Wing Kit & Another DCCC 1022/2012 (District Court - money laundering - trial and asset recovery)

JS Micro Electronics Ltd v Achada & Another [2013] 1 HKLRD 334 (High Court - injunction - equities concerning alleged proceeds of fraud)

HKSAR v Muhammad Riaz Khan (2012) 15 HKCFAR 232 (Court of Final Appeal - right to privacy)

HKSAR v Okafor [2012] 1 HKLRD 1041, 1 HKC 427 (Court of Appeal - obligation of courts to give reasons)

HKSAR v Vivien Fan 2011) 14 HKCFAR 641, [2012] 3 HKC 72 (Court of Final Appeal - Shanghai Land case - involved since trial)

HKSAR v Van Huisjstee FACC 14 of 2010 (Court of Final Appeal - theft)

HKSAR v Egan & Ors (2010) 13 HKCFAR 314, 5 HKC 180 (Court of Final Appeal - obligation to give reasons)

Tsoi Man Hung & Another v Commissioner of Police [2008] 5 HKLRD 412, 5 HKC 513 (judicial review - obtaining DNA samples)

S-J v Lam Tat-ming & Anor [2000] 2 HKLRD 431 (Court of Final Appeal - scope of discretion to admit admissions against interest)

Tang Siu-man v HKSAR [1998] 1 HKLRD 350, 1 HKC 381 (Court of Final Appeal - character direction in criminal trials)

Other activities in the legal profession:

Since 1982, Andrew Bruce has been involved in the development of legal education in Hong Kong including as a member from time to time of the Faculty Boards of both Hong Kong University and the City University of Hong Kong. He has lectured at every university on topics relating to substantive law, the law of evidence and procedure, and practical matters such as dealing with the ICAC, the SFC. He has been for some years the Chair of the Special Committee on Criminal Law & Procedure of the Hong Kong Bar Association.

Philosophy:

Andrew Bruce, SC believes that best chance of success - preserving someone's freedom or ensuring that person's assets are safeguarded - depends on detailed preparation and a full understanding of legal principle. That makes argument, submissions, cross-examination and every other stage of the process more likely to produce a successful result.