“事莫明於有效，論莫定於有證”
Profile 簡歷:
Simon engaged in a broad criminal and civil practice with a focus on criminal matters. Being the recipient of the FONGS Prize in International Law, he is also well versed in matters involving conflict of laws.
郭大律師在民事訴訟及刑事案件均有涉獵。他對刑事程序尤其專門，包括例如如何應對刑事調查、被捕後的程序及處理方法及和控方交涉等等的事宜。
He has appeared as sole advocate in the Court of Appeal, Court of First Instance, District Court, and the Magistrates’ Court. He also appeared on behalf of the Department of Justice as Counsel on Fiat.
郭大律師在各級法庭程序均具豐富的經驗。他特別對處理上訴案件，尤其是由陪審團審理的案件有深厚的認識。他在執業初期已處理不少上訴案件，更成功獨自在一宗涉及製造及販運危險藥物的案件中在上訴庭獲得上訴許可。
Simon advised, or appeared on behalf of clients charged with offences ranging from dangerous driving, indecent assault, fraud, criminal intimidation, dangerous drugs to less common ones such as endangering others at sea and perverting course of public justice. He also advises on SFC matters particularly on the enforcement aspect of the Securities and Futures Ordinance.
他處理過包括交通罪行、性罪行、限聚令、危險藥物、欺詐、偽造文件、刑事恐嚇、工業安全等等的案件；亦曾處理其他較少見，如危害他人海上安全、妨礙司法公正等控罪的案件。他對《證券及期貨條例》，特別是就如何應對證監會的會面一類的執法行動亦有相關的經驗。
除了辯護工作外，他亦有擔任律政司的外聘撿控官進行撿控工作，因此他能從控辯雙方的角度就案件的事實基礎、法律原則、辯護方向等範疇作出務實的分析及建議，提供不同的方案以達致最有利的結果。
On the civil side, he had recently been consulted on various compliance issues and legal sanctions of the online sale/distribution of pharmaceutical products and food items. He is also versed in personal injuries, insurance and family matters.
民事方面，他曾就各種事宜提供法律意見，其中包括如就《藥劑業及毒藥條例》、《公眾衞生及市政條例》、《食物安全條例》、《賭博條例》、《應課稅品條例》、《香港海關條例》等經營網上商店常會涉及的規管及牌照事項給予建議。他亦對人身傷亡、保險及家事法等常見的案件有相關的認識。
Continuing the Chambers’ cherished tradition, Simon also devotes his time and effort to public service such as Duty Lawyer for the Free Legal Advice Scheme. Before joining the bar, he was awarded the CompliancePlus Consulting Limited Prize for Pro-Bono Work in Clinical Legal Education recognising his efforts in aiding the underprivileged. He has been serving as a coach for secondary school students in the Mock Trial – Justice Education Project organized by The Society of Rehabilitation and Crime Prevention, Hong Kong since 2019.
郭大律師亦擔任香港善導會模擬法庭比賽的導師及當值律師服務的義務律師為市民提供免費法律意見。他在求學期間曾獲得義務法律工作的奬項。
Education 學歷:
PCLL (HKU)
香港大學法學專業證書
Bachelor of Law (HKU, King’s College London)
法律學士，倫敦大學國王學院 及 香港大學 共同頒授
Selected Cases:
HKSAR v Cheng Wai Kit (CACC 24/2019) [2021] HKCA 713:
As sole advocate, acted for the applicant. The applicant was found guilty of trafficking in dangerous drugs after trial by jury in the High Court. The appeal turned on firstly, the propriety of jury direction as to the applicable standards in considering the defendant’s evidence and secondly, money found in possession of defendant. Leave granted on both grounds.
HKSAR v Kwan Wing Yan (CACC 166/2019) [2021] HKCA 1397:
As led junior, acted for the applicant. Two grounds of appeal against conviction were advanced. The first ground turned on whether the judge when making his ruling on special issue, did not limit his finding on voluntariness, contrary to the principles set out in Thongjai. The second ground concerns the applicability of HKSAR v Chan Hing Kai [2020] 1 HKLRD (concerning “lack of puttage”) in a trial by single judge. Leave granted on both grounds.
HKSAR v Leung Wai Kit (CACC 292/2019) [2021] HKCA 1408:
As led junior, acted for the applicant. Leave granted to appeal against conviction. The sole ground of appeal turned on what circumstances justify the need to direct the jury on the “lack of puttage” and if so, the proper bounds in doing so.
HKSAR v Ho Ping Sang (ESCC 650/2021)
Led by Mr. Edwin Choy S.C., fatal accident involving a speed boat. Defendant, the coxswain was charged with endangering others at sea under s.32 of Cap 548. Acquitted.
Publications:
Simon has recently joined as a contributor for The Annotated Ordinances of Hong Kong.
