Barrister
Simon Kwong
Email
simon.kwong@lokschambers.com
Phone
2526 0068

Simon Kwong

Barrister
“Belief, Enthusiasm, Skills, and Tactics – essentials of the BEST advocate”

「信念、熱誠、技巧、策略 — 最好的大律師缺一不可」

 

Professional Experience (專業經驗):

Before joining the legal profession, Simon worked in the Independent Commission Against Corruption (“ICAC”) as an Assistant Commission Against Corruption Officer. During that time, he developed an intense interest in law and completed his studies for a LL.B degree. He subsequently obtained his P.C.LL. in the University of Hong Kong.

進入法律專業之前,江祖胤大律師於廉政公署擔任助理廉政主任,期間對法律產生濃厚興趣並完成法律學士學位課程,其後於香港大學取得法律專業證書。

 

Simon was qualified as a solicitor in 2010 and joined the Department of Justice (“DoJ”) as a Government Counsel in 2011. During his almost 12 years of service in the DoJ, Simon had handled over 1,000 criminal cases as a Public Prosecutor/ Senior Public Prosecutor in the Prosecutions Division. He had also appeared on behalf of the HKSAR as an advocate in all levels of Court in over 100 cases.

江大律師於2010年取得律師資格,並於2011年加入律政司擔任政府律師。於律政司工作的接近12年期間,江大律師曾以刑事檢控科檢控官或高級檢控官的身份處理超過1,000宗刑事案件,並於超過100宗案件代表香港特別行政區於不同級別的法庭訟辯。

 

Simon had worked in various sections of the Prosecutions Division, including the “ICAC Advisory Team” under the “Commercial Crime Sub-Division” – an elitist team of prosecutors specializing in advising the ICAC on corruption-related offences under the Prevention of Bribery Ordinance, Cap. 201, the Elections (Corrupt and Illegal Conduct) Ordinance, Cap. 554 and the common law offences of “Misconduct in Public Office” and “conspiracy to defraud”, etc. Simon was the trial counsel in the prosecution of various prominent ICAC cases involving directors of listed company, senior staff of university, and doctor in public hospital.

江大律師曾於刑事檢控科不同的分隊工作,包括由一群精於相關法律的檢控官組成的「商業罪案分科/廉政公署組」,專門負責為廉署就第201章《防止賄賂條例》、第554章《選舉(舞弊及非法行為)條例》、普通法下的「公職人員行為失當」及「串謀詐騙」等罪行提供法律意見。江大律師曾於多宗重要案件的審訊中擔任主控,包括牽涉上市公司董事、大學高層、及公立醫院醫生的廉署案件。

 

Before leaving the DoJ for private practice, Simon was a Senior Public Prosecutor and had occasionally acted as the Senior Assistant Director of Public Prosecutions of the “Departmental Prosecutions/Human Rights Section”, responsible for giving legal advice and handling plea negotiations for summonses prosecuted by all government departments (including the Immigration Department, the Labour Department, the Environmental Protection Department, the Buildings Departments, the Lands Department, the Housing Department, and the Electrical and Mechanical Services Department, etc). Simon has profound experience in handling regulatory offences with public interest at stake.

離開律政司私人執業之前,江大律師為「部門檢控/人權組」的高級檢控官,並曾署任該組的高級助理刑事檢控專員一職,負責為所有政府部門(包括入境處、勞工署、環境保護署、屋宇署、地政總署、房屋署、機電工程署等)檢控的傳票案件提供法律意見及處理認罪協商。江大律師就處理牽涉公眾利益的規管性罪行有豐富經驗。

 

Simon was a goalkeeper of the HKSAR Hockey Team and had participated in various international tournaments. He is now a member of the Disciplinary Committee of the Hong Kong Hockey Association. As an athlete, Simon always demands himself of performance of the highest quality; as a lawyer, he is determined in safeguarding the best interest of his clients and fighting for justice.

江大律師以往是中國香港曲棍球代表隊的守門員,曾經參與多項國際賽事。他現在為香港曲棍球總會紀律委員會的成員。作為運動員,他永遠要求自己交出最高水準的表現;作為律師,他決心為守護當事人的利益及公義而戰鬥到底。

 

Notable Cases (重要案例):

Corruption and ICAC cases 

  • HKSAR v Wong Wai Ning Kris & Anor DCCC428/2020 – appeared for the ICAC in the trial of two senior staff of the Open University (now HK Metropolitan University) prosecuted for conspiracy to solicit advantage as a public servant. Search warrants and admissibility of digital evidence challenged on constitutional grounds. Both defendants convicted after a 25-day trial.
  • HKSAR v Cho Kwai Chee & Ors DCCC678/2019 – appeared for the ICAC in the trial of 3 senior executives of a listed company being charged with conspiracy to defraud the board of directors and shareholders of a listed company and the Hong Kong Stock Exchange.
  • HKSAR v Yau Yuk Loi & Lui Chun Yan STCC3642/2019 – appeared for the ICAC in the trial of a patient and a doctor charged with offering advantage to and accepting advantage by public servant respectively; a case which concerned the meaning and burden and standard of proof of “reasonable excuse” in the context of the Prevention of Bribery Ordinance, Cap. 201.

 

Money Laundering and White Collar Crimes

  • HKSAR v Lam Wai Yuen CACC206/2020 – appeared for the prosecution in the appeal against conviction and sentence of a breach of trust theft case involving over HK$1,100,000.
  • 香港特別行政區 對 藍潤光 HCMA749/2015 – appeared for the prosecution in the appeal against conviction of three counts of “Dealing with property known or reasonably believe to represent proceeds of indictable offence” involving US$236,000.

 

Homicide

  • HKSAR v Ngan Wing-chau CACC346/2020; [2021] 1 HKLRD 488 – appeared for the prosecution in the appeal of a corpse-less murder case in which the appellant was convicted solely based on circumstantial evidence. The Court of Appeal upheld the conviction of the appellant.
  • HKSAR v Nawaz Ahsan HCCC 191/2017, CACC 121/2018; [2019] 6 HKC 358 – appeared for the prosecution in the trial and appeal of a brutal manslaughter case of a security guard by a gang, in which the three defendants were sentenced to imprisonment of 10 years, 5 years and 7 years respectively, upheld on appeal.

 

Sexual and Violent Crimes 

  • HKSAR v Cheng Wang-ho & Yuen Ho-sum HCCC183/2021 – appeared for the prosecution in the trial of a rape case which largely relied on DNA evidence as the victim (a 14 years old girl) could not recognize the culprits. Both defendants were convicted after trial and sentenced to imprisonment of 9 years.
  • HKSAR v Tsang Fuk-wing & Anor DCCC354/2020 – appeared for the prosecution in the trial of a blackmail case in which the victim was a former Legislative Council member and the defendants were convicted and sentenced to imprisonment of 2 years and 5 months.
  • HKSAR v Li Kwok Yung HCCC38/2018 – appeared for the prosecution in the trial of a conspiracy to commit forcible detention for ransom case and the defendants were convicted after trial and sentenced to imprisonment of 14 years.

 

Regulatory Offences 

  • HKSAR v Law Wing Shing & Anor FAMC 33/2018 [2019] HKCFA 16; HCMA 235/2017 [2018] HKCFI1037 and [2018] HKCFI 2117 – appeared for the Immigration Department in the appeals in the High Court and the Court of Final Appeal; a case which confirmed the common law defence of honest and reasonable belief is not available to the offence of “employing unemployable person” under s.17I(1) of the Immigration Ordinance, Cap. 115, which falls under the fourth Kulemesin Alternative.
  • 香港特別行政區 高美怡輝(香港)有限公司 HCMA541/2018 – appeared for the Electrical and Mechanical Services Department in a case of “supplying prescribed products without energy label” under the Energy Efficiency (Labelling of Products) Ordinance Cap. 598.
  • HKSAR v Kwan On Construction Ltd HCMA 358/2018: submissions for the Food and Environmental Hygiene Department in a prosecution for “discovery of larvae in construction site” under the Public Health and Municipal Services Ordinance, Cap. 132.
  • HKSAR v Gemsland Hotels Ltd HCMA 554/2016 [2017] 2 HKLRD 393 – appeared for the Buildings Department in the appeal in which the definition of “building works” for the offence of “failing to comply with building order without reasonable excuse” under s.40(1BA) of the Buildings Ordinance, Cap. 123 was discussed.
  • 香港特別行政區 土力資源有限公司 HCMA 5/2017 – appeared for the Labour Department in the appeal which upheld the conviction of a construction site contractor for various Industrial Summons involving breaches of the Construction Site (Safety) Regulations, Cap. 59I.
  • HKSAR v Oriental Style Limited KTS8512 – 8517/2016 – appeared for the Sales of First-hand Residential Properties Authority to prosecute a property development company for “publishing misleading advertisements” under the Residential Properties (First-hand Sales) Ordinance, Cap. 621.

 

Dangerous Drugs

  • HKSAR v Herry Jane Yusuph CACC 93/2019 [2021] HKCA 210 – an international trafficking case in which the Court of Appeal discussed the meaning of “has been used in the commission of an offence” for the purpose of the forfeiture provision under section 56(1)(a) of the Dangerous Drugs Ordinance, Cap. 134.
  • HKSAR v Cheung Ho Kit CACC 242/2018 [2020] 2 HKLRD 1011 & 1021 – a “trafficking in dangerous drugs” case concerning the use of expert evidence, the duty of disclosure and the prosecution’s right to make closing submissions.
  • HKSAR v Yu Pang Tung HCCC118/2019 [2020] HKCFI 150 – appeared for the prosecution in a “manufacturing dangerous drugs” case in which the defendant was convicted by the jury after trial and sentenced to imprisonment of 20 years.
  • HKSAR v Dewi Ilmayanti &Anor CACC 370/2015 [2019] 4 HKLRD 1 –the Court of Appeal considered whether the information provided by international drug traffickers which did not result in any arrest were of “practical use” for sentencing discount.
  • HKSAR v Liu Ming Sze CACC 103/2016 [2017] 1 HKLRD 297 – concerning the meaning of “significant proportion” of dangerous drugs for which sentencing discount may be awarded for self-consumption in respect of the offence of trafficking in dangerous drugs.

 

Judicial Review

  • Pang Lok Sze v Director of Public Prosecutions HCAL2346/2020 [2021] HKCFI1081 – a case concerning the decision of the Director of Public Prosecutions not to prosecute in an animal cruelty case and victim’s right to be informed of the reason behind.
  • Siu See Kong v Commissioner of Police and Secretary for Justice [2022] HKCFI 3228, HCAL 726/2022 – a case concerning the decision of the Police and the Secretary for Justice not to prosecute in a case of “perverting the course of public justice”.

 

Death Inquest

  • CCDI 633/2014 – an inquest into the circumstances surrounding the death of a pregnant woman caused by a fallen tree on Robinson Road, with the jury making various recommendations on territory-wide trees inspection programs and accreditation of arborists.

 

Qualifications and Education (專業資格及學歷):

Bachelor of Arts (Philosophy), University of Hong Kong: 2001
香港大學文學士(哲學): 2001

 

Master of Philosophy (Philosophy), University of Hong Kong: 2003
香港大學哲學碩士(哲學): 2003

 

Bachelor of Laws, University of London: 2007
倫敦大學法學士: 2007

 

P.C.LL., University of Hong Kong: 2008
香港大學法律專業證書: 2008

 

Middle Temple Advocacy Training Course (London, UK): 2017
英國倫敦中殿大律師學院訟辯培訓課程: 2017

 

Solicitor, HKSAR: 2010 – 2021 (on voluntary removal)
事務律師(香港): 2010 – 2021 (自願註銷認許)

 

Barrister, HKSAR: since 2021
大律師(香港): 自2021

 

Solicitor, England and Wales: since 2023
事務律師(英格蘭及威爾斯): 自2023

 

Deputy Magistrate: June to August 2023, March 2024
暫委裁判官: 2023年6月至8月,2024年3月

 

Accredited General Mediator, HKMAAL: since 2023
香港調解資歷評審協會有限公司認可綜合調解員: 自2023

Areas of Expertise
Corruption
White Collar Crime
Regulatory & Disciplinary
Criminal Appeals
Death Inquest
Judicial Review
Human Rights
Personal Injury