Annie Leung
annie.leung@giltchambers.com
Office Contact No.: 2866 8233
Fax: 2866 3932
Admission:

Hong Kong (2006); Victoria, Australia (2004)

2006

Called to the Hong Kong Bar

2004

Admitted as a Barrister and Solicitor in the State of Victoria, Australia

2009

Accredited as a General Mediator by the Hong Kong International Arbitration Centre (HKIAC) 

2005

Postgraduate Certificate in Laws (PCLL), The University of Hong Kong

2003

Bachelor of Laws (LLB) & Bachelor of Commerce (BComm) Monash University, Australia

Professional Appointments / Publications

Mar - Aug 2017 

Deputy Magistrate

2013 - present

Committee Member, Special Committee on Civic Education of the Hong Kong Bar Association

2012 - 2017

Lecturer (non-clinical), Civil Litigation course in Postgraduate Certificate in Laws (PCLL) of The University of Hong Kong

2016 

Lecturer (non-clinical) / Assessor, Commercial Dispute Resolution course in Postgraduate Certificate in Laws (PCLL) of The University of Hong Kong

2012 - 2013

Committee Member, Special Committee on Constitutional Affairs & Human Rights of the Hong Kong Bar Association

2011

Co-author of Discrimination Law and Practice in Hong Kong, Sweet & Maxwell

2009

External Investigator and Conciliator, Equal Opportunities Commission

2007 - 2012

Committee Member, Young Barristers’ Committee of the Hong Kong Bar Association


Practice Profile

In her criminal practice, Annie has been defence counsel as well as prosecutor-on-fiat both at trials and appeals at all levels of court, with a broad spectrum of cases from general crime, industrial summons to commercial crime, for example cases initiated by the Independent Commission Against Corruption (ICAC) and Securities & Futures Commission (SFC).

In respect of her public and administrative law practice, Annie has appeared and advised in cases involving constitutional law, human rights and reviews of government’s or other public authority’s decisions, for example decisions concerning constitutional rights, immigration, town planning, land, disciplinary decisions of professions and broadcasting issues. Further, she has been regularly representing parties in cases of non-refoulement protection against torture, cruel, inhuman or degrading treatment or punishment and persecution at the first instance and appellate levels.

Annie has appeared in a number of discrimination cases at both first instance and appellate levels.  She has given advice on various kinds of discrimination, including discrimination on the grounds of disability, sex, race, pregnancy, sexual orientation and religion. She was appointed as an external Investigator and Conciliator of the Equal Opportunities Commission. She also co-authored a book on discrimination: Discrimination Law and Practice in Hong Kong, Sweet & Maxwell. 

Annie has a general civil practice including contractual disputes, family law, personal injuries, building management, employment, landlord and tenancy, trust and probate and commercial matters. She was a Lecturer of the Civil Litigation course in the Postgraduate Certificate in Laws (PCLL) programme at The University of Hong Kong.

Annie is a Hong Kong International Arbitration Centre (HKIAC) Accredited General Mediator who regularly acts as a mediator. She is on the panel of mediators of Hong Kong Mediation Accreditation Association Limited (HKMAAL), HKIAC and the Hong Kong Bar Association. She was also a Lecturer and Assessor of the Commercial Dispute Resolution course of the PCLL programme in The University of Hong Kong.


Language

English, Cantonese and Putonghua


Selected cases

Criminal Law

● Vivien Fan and others v HKSAR (2011) 14 HKCFAR 641

A 5-day Court of Final Appeal case concerning various charges of conspiracy among company directors, bank executives, partners in law firms and an accountant, to defraud the Stock Exchange of Hong Kong, the Securities and Futures Commission and shareholders of a listed company.

● 
HKSAR v Leung Kwok Hung (2014) 17 HKCFAR 396
Acted for the Applicant in the Court of Final Appeal to apply for bail pending the disposal of the application for leave to appeal to the Court of Final Appeal regarding convictions for criminal damage and behaving in a disorderly manner in a public place.

● HKSAR v Habibullah Abdul Rahman and others [2010] 4 HKC 301
A 15-day Court of Appeal case concerning various charges of conspiracy among company directors, bank executives, partners in law firms and an accountant, to defraud the Stock Exchange of Hong Kong, the Securities and Futures Commission and shareholders of a listed company.

 
HKSAR v Lin Chong-ming and others DCCC 962/2009 (1 August 2011)
A 27-day District Court trial concerning charges of conspiracy among PCCW Limited employees to defraud PCCW Limited.

● HKSAR v Ooi In-Heong and others DCCC 962/2009 (9 June 2010)
A 25-day District Court trial concerning charges relating to offences of conspiracy to defraud, conspiracy to tender counterfeit currency notes and possession of false instruments.

● 香港特別行政區 訴 趙嘉賢 HCMA 897/2011 (14 January 2013)
A Magistracy appeal case concerning a charge of knowingly making a false statement to the Housing Authority.

● 香港特別行政區 訴 甄沛強HCMA 484/2011 (24 April 2012)
A Magistracy appeal case concerning a charge of criminal damage and issues regarding the mens rea of the defendant.


Constitutional and Human Rights Law related Criminal cases

● Secretary for Justice v Yau Yuk Lung [2007] 10 HKCFAR 335; [2007] 3 HKLRD 903
A Court of Final Appeal case concerning the constitutionality of the then homosexual buggery provision in the Crimes Ordinance and issues regarding the right to equality and discrimination on the ground of sexual orientation. This case laid down the Justification Test in dealing with differences in legal treatment in general. 

● HKSAR v Au Kwok Kuen [2010] 3 HKLRD 371
An appeal against conviction for taking part in an unlawful assembly, concerning issues regarding the right of assembly, the right to freedom of expression and the right to privacy.


Constitutional and Human Rights Law / Judicial review

Po Fun Chan v Winnie Cheung (2007) 10 HKCFAR 676; [2008] 1 HKLRD 319

A landmark Court of Final Appeal case which revisited the requirement for leave to apply for Judicial Review, raising the threshold to “arguability”.  

● Commissioner of Police v i-CABLE Communications Ltd. HCMP 119/2016 (8 March 2016)
Acted for i-CABLE Communications Limited to resist the Commissioner of Police’s application for a Production order to produce journalistic materials, concerning issues regarding the freedom, integrity and impartiality of the press.

● 
Leung Kwok Hung also known as “Long Hair” v Commissioner for Correctional Services [2017] 1 HKLRD 1041; and CACV 34/2017, see below.

● Wong Hin Wai v Secretary for Justice [2012] 4 HKLRD 70
Acted for the Applicant in judicial review proceedings to challenge the constitutionality of the provisions under the Legislative Council Ordinance which disqualified him from being nominated as a candidate at the Legislative Council Election, concerning issues regarding the right to stand for election and the right to participate in public life.

● Gig Lok Monastery Limited v Director of Lands HCAL 86/2011
Acted for the Applicant in judicial review proceedings who sought to quash the decisions of the Director of Lands requiring, inter alia, the Applicant to cease to occupy the Adjacent Government Land.

● Cho Man Kit v Broadcasting Authority HCAL 69/2007 (8 May 2008)
Acted for the Applicant in judicial review proceedings who sought to quash the Broadcasting Authority’s determination that the content of a television programme called 'Gay Lovers' and the time of its broadcast had violated its code of practice, on the grounds that the determination had unlawfully interfered with the freedom of expression, the right to equality and had unlawfully discriminated on the basis of sexual orientation.

● Chu Woan Chyi and others v Director of Immigration [2007] 3 HKC 168
Acted for the Applicants in judicial review proceedings to challenge the Director of Immigration’s decisions to place the Applicants under the immigration “watchlist” and not permitting them to enter Hong Kong, on the grounds of freedom of religious belief, freedom of religious association, and legitimate expectation of procedural fairness.


Discrimination Law

 
● Secretary for Justice v Yau Yuk Lung [2007] 10 HKCFAR 335; [2007] 3 HKLRD 903 (CFA), see above.

● M v Secretary for Justice [2009] 2 HKLRD 298
Acted for an ex-Administrative Officer (AO) in the Court of Appeal for his disability discrimination claim against the Government, concerning issues regarding the suitable comparator, causation and the “inherent requirements of the particular employment” defence.

● Leung Kwok Hung also known as “Long Hair” v Commissioner for Correctional Services [2017] 1 HKLRD 1041; and CACV 34/2017
Acted for legislative councillor “Long Hair” (whose hair was cut short during imprisonment) in judicial review proceedings in the Court of Appeal and Court of First Instance to challenge the hair-cutting requirement imposed by the Commissioner for Correctional Services which stated that male prisoners’ hair had to be cut short but not female prisoners, on the ground of sex discrimination.

● 
Cho Man Kit v Broadcasting Authority HCAL 69/2007 (8 May 2008), see above.


Trust and probate

● Leung Lai Fong v Ho Sin Ying [2008] 5 HKLRD 193
A Court of Appeal case concerning succession and grant of administration, concerning issues regarding the construction of the Intestates’ Estates Ordinance and the Non-Contentious Probate Rules, the right to family life, the right to equality and Chinese customary law.


Costs

 
 Commissioner of Police v i-CABLE Communications Ltd. HCMP 119/2016 (14 March 2016)
Acted for i-CABLE Communications Limited to apply for costs to be taxed on an indemnity basis against the Commissioner of Police.