Barrister
Simon Kwok
Email
simon.kwok@lokschambers.com
Phone
2526 0068

Simon Kwok

Barrister

Profile 簡歷:

Simon maintains a broad criminal and civil practice with a strong emphasis on criminal matters. That include all stages of criminal proceedings from potential investigation by the authorities to the trial and appeal process.

Simon maintains a broad civil and criminal practice, with a strong emphasis on criminal litigation. His expertise spans all stages of criminal proceedings, from initial law enforcement investigations through to trials and appeals.

Called to the Bar in 2019, Simon frequently appears as a sole advocate across all levels of court, including the Court of Appeal, the Court of First Instance, the District Court, and the Magistrates’ Courts. He also regularly prosecutes on fiat for the Department of Justice.

Simon is highly experienced in handling general criminal matters, including dangerous drug offences, fraud, indecent assault, criminal intimidation, and driving offences. Beyond general crime, he possesses specialist expertise in regulatory and white-collar matters. He is well versed in advising on and defending industrial summonses under the Occupational Safety and Health Ordinance (Cap. 509) and the Factories and Industrial Undertakings Ordinance (Cap. 59). Furthermore, he frequently advises on SFC investigations and enforcement actions under the Securities and Futures Ordinance.

On the civil side, Simon advises on a wide range of disputes and has appeared as a sole advocate in the District Court.

Alongside his practice, Simon serves as a part-time lecturer at the University of Hong Kong.

郭大律師的執業範圍廣泛,涵蓋民事及刑事案件,並以刑事訴訟為主。他的專業領域涵蓋刑事法律程序的各個階段,從執法機關的初步調查,以至審訊及上訴程序。

郭大律師於 2019 年獲得大律師認許。他經常以獨任大律師身份於各級法院出庭代訟,包括上訴法庭、高等法院原訟法庭、區域法院及裁判法院。他亦經常代表律政司擔任外判主控官(fiat prosecutor)。

Simon 在處理一般刑事案件方面擁有豐富經驗,包括危險藥物、欺詐、非禮、刑事恐嚇及駕駛罪行。除了一般刑事罪行外,他亦具備處理監管及白領犯罪案件的專業知識。他精通於就《職業安全及健康條例》(第 509 章)及《工廠及工業經營條例》(第 59 章)下的工業傳票提供法律意見及進行抗辯。此外,他亦曾就證券及期貨事務監察委員會(證監會)根據《證券及期貨條例》進行的調查及執法行動提供法律意見。

在民事案件方面,Simon 曾就各類爭議提供法律意見,並曾以獨任大律師身份於區域法院出庭代訟。

在執業之餘,Simon 現為香港大學的兼職講師。

 

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:

HKSR v Mak-Hiu laam (HCCC 309/2024; HCCC 310/2024):

As sole advocate, secured a Not Guilty Verdict after a 7 days trial for the defendant (D2) who was charge with trafficking in dangerous drugs. The prosecution case involved multiple types of controlled substances discovered from a residential flat whom the defendant shared with a cohabitant (D1). The case was based primarily on circumstantial evidence, including the presence of drugs within the premises, forensic DNA findings on packaging, and an alleged inference of joint possession arising from cohabitation

HKSAR v Atrium Building Materials Engineering (HCMA 86/2025 on appeal from KCS 9610/2024):

Acting as sole defence counsel at trial and on appeal, successfully overturned a conviction under the Occupational Safety and Health Ordinance (Cap. 509). The client, a subcontractor, had been convicted and fined following a workplace accident involving a worker who fell while carrying out demolition works. At trial, the trial magistrate found the employer had failed to provide necessary safety information, instruction, training and supervision at the material time.

The High Court allowed the appeal and quashed the conviction:
o The relevant work (ceiling demolition) had not yet commenced at the time of the accident;
o The worker acted without instruction and outside the planned system of work;
o Safety obligations under OSHO apply only to what is “reasonably practicable” and necessary at the material time;
o The trial court erred by assessing liability based on hypothetical future tasks.

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.

Areas of Expertise
General Crime
Employees’ Compensation
Personal Injury
Matrimonial Law
General Civil
Departmental Summonses