HCMP2516/2010 RE MS CLARE MONTGOMERY, QC - LawHero
HCMP2516/2010
高等法院（雜項）Tang Ag CJHC20/1/2011
HCMP2516/2010
由此
A A
HCMP 2516/2010
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
C C
COURT OF FIRST INSTANCE
D D
MISCELLANEOUS PROCEEDINGS NO. 2516 OF 2010
____________
E E
IN THE MATTER of an Application of Ms Clare
F F
Montgomery, QC, to be approved, admitted and
enrolled as a Barrister of the High Court of the
G Hong Kong Special Administrative Region for G
the purpose of a particular case
H H
and
I I
IN THE MATTER of the Legal Practitioners
Ordinance, Cap. 159
J J
____________
K Before: Hon Tang Ag CJHC in Court (Sitting as an additional Judge of the K
Court of First Instance)
L L
Date of Hearing: 21 January 2011
Date of Judgment: 21 January 2011
M M
______________
N JUDGMENT N
______________
O O
P
1. This is an application to admit Ms Clare Montgomery, QC to P
represent Mr Wong Chi-wai in his appeal. Ms Montgomery is well known in
Q Q
our Courts and needs no introduction.
R R
2. Mr Wong, a barrister, has been convicted of attempting to pervert
S the course of justice in his professional capacity, in that he had prepared letters S
to be issued by the handling solicitor (Mr Birney Yeung) on behalf of the client
T T
to a prosecution witness falsely asserting the existence of legal professional
U privilege (“LPP”) and threatening legal action in the event that LPP was U
V V
由此
A - 2 - A
B B
breached. The alleged unlawful purpose was to prevent or dissuade the
C witness from testifying in the client’s criminal trial. C
D D
3. Mr Wong was convicted after a 10-day trial and sentenced to
E imprisonment for 6 months. The prosecution was initially represented by Mr E
Kevin Zervos, SC, Deputy Director of Public Prosecutions. Subsequently, Mr
F F
Gerard McCoy, SC was instructed on fiat and appeared for the prosecution at
G various pre-trial hearings. However, because of his unavailability, ultimately, G
Miss Charlotte Draycott, SC was instructed on fiat to represent the prosecution
H H
at the trial leading Miss Betty Fu. Mr Wong was represented by Mr Graham
I Harris, a senior junior, and Mr Benson Tsoi at trial. I
J 4. Mr Wong has been granted bail pending appeal by Cheung JA. J
On 18 June 2010, the prosecution was granted leave to apply for a review of his
K K
sentence, which is CAAR 6/2010.
L L
5. I am told that in the appeal, the prosecution will probably be
M M
represented by Mr Kevin Zervos, SC, Mr Gerard McCoy, SC, or Miss Charlotte
N Draycott, SC. N
O O
6. Mr Wong is a barrister of some 25 years call. His practice is in
P the criminal field, and he is widely known among senior criminal practitioners. P
At trial, Mr Clive Grossman, SC and Mr Philip Dykes, SC gave evidence on his
Q Q
behalf.
R R
7. Mr Harris submitted that the interest of justice would be furthered
S by Mr Wong being represented by leading counsel with whom he is not S
personally acquainted, and who can form a totally objective view of the law and
T T
the facts.
U U
V V
由此
A - 3 - A
B B
8. He submits, and Mr Selwyn Yu, SC, appearing on behalf of the Bar
C Association, agrees that under the code of conduct governing barristers, a C
barrister may refuse to act for a client for personal reasons, for example,
D D
because the prospective client is a friend. That is for a good reason. I believe
E if a client feels that he would be embarrassed if he were to be represented by a E
friend, it is a matter that the court is entitled to take into consideration.
F F
G 9. The Bar opposes the application on the basis that the Applicant has G
failed to demonstrate that serious and genuine efforts have been made to instruct
H H
local leading counsel in the appeal.
I I
10. Mr Harris told me that some attempts have been made to instruct
J local leading counsel, two of whom had declined to act on the basis of their J
friendship with Mr Wong. However, he informs me that there is a local
K K
leading counsel who would not feel embarrassed and is willing to appear for Mr
L L
Wong. But as I have said, the court is entitled to look at the feelings of the
M
client as well because I think this kind of embarrassment can act both ways. M
N 11. I think it is entirely reasonable that Mr Wong should wish to be N
represented by an overseas leading counsel. He will also be represented by Mr
O O
Graham Harris in the appeal, who is of course a very experienced senior junior
P counsel in the field of the criminal law. So there will be substantial P
involvement by local counsel in this case.
Q Q
R 12. This case is not without complication, but that is not a basis upon R
which I will grant the application.
S S
13. I will grant the application because I agree that the interest of
T T
justice would be served if Mr Wong could be represented by leading counsel
U U
V V
由此
A - 4 - A
B B
with whom he is not personally acquainted and who can form a totally objective
C view of the law and the facts. Lest it be thought that Mr Wong is given special C
treatment because he is a senior barrister, I should explain that admission is
D D
granted so that he can overcome his handicap of being widely known at the
E criminal bar which necessarily limits the choices available to him. E
F F
14. I will make the order in terms of the application.
G G
H H
I (Robert Tang) I
Ag Chief Judge, High Court
J J
K K
Mr. Graham Harris and Mr. Benson Tsoi instructed by Messrs Haldanes for the
L Applicant L
Ms. Leona Cheung Ag. SGC of the Department of Justice for the Secretary for
M M
Justice
N Mr. Selwyn Yu, SC and Mr. Michael Chai instructed by Messrs Philip K. H. N
Wong, Kennedy Y. H. Wong & Co. for the Hong Kong Bar Association
O O
P P
Q Q
R R
S S
T T
U U
V V
由此
A A
HCMP 2516/2010
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
C C
COURT OF FIRST INSTANCE
D D
MISCELLANEOUS PROCEEDINGS NO. 2516 OF 2010
____________
E E
IN THE MATTER of an Application of Ms Clare
F F
Montgomery, QC, to be approved, admitted and
enrolled as a Barrister of the High Court of the
G Hong Kong Special Administrative Region for G
the purpose of a particular case
H H
and
I I
IN THE MATTER of the Legal Practitioners
Ordinance, Cap. 159
J J
____________
K Before: Hon Tang Ag CJHC in Court (Sitting as an additional Judge of the K
Court of First Instance)
L L
Date of Hearing: 21 January 2011
Date of Judgment: 21 January 2011
M M
______________
N JUDGMENT N
______________
O O
P
1. This is an application to admit Ms Clare Montgomery, QC to P
represent Mr Wong Chi-wai in his appeal. Ms Montgomery is well known in
Q Q
our Courts and needs no introduction.
R R
2. Mr Wong, a barrister, has been convicted of attempting to pervert
S the course of justice in his professional capacity, in that he had prepared letters S
to be issued by the handling solicitor (Mr Birney Yeung) on behalf of the client
T T
to a prosecution witness falsely asserting the existence of legal professional
U privilege (“LPP”) and threatening legal action in the event that LPP was U
V V
由此
A - 2 - A
B B
breached. The alleged unlawful purpose was to prevent or dissuade the
C witness from testifying in the client’s criminal trial. C
D D
3. Mr Wong was convicted after a 10-day trial and sentenced to
E imprisonment for 6 months. The prosecution was initially represented by Mr E
Kevin Zervos, SC, Deputy Director of Public Prosecutions. Subsequently, Mr
F F
Gerard McCoy, SC was instructed on fiat and appeared for the prosecution at
G various pre-trial hearings. However, because of his unavailability, ultimately, G
Miss Charlotte Draycott, SC was instructed on fiat to represent the prosecution
H H
at the trial leading Miss Betty Fu. Mr Wong was represented by Mr Graham
I Harris, a senior junior, and Mr Benson Tsoi at trial. I
J 4. Mr Wong has been granted bail pending appeal by Cheung JA. J
On 18 June 2010, the prosecution was granted leave to apply for a review of his
K K
sentence, which is CAAR 6/2010.
L L
5. I am told that in the appeal, the prosecution will probably be
M M
represented by Mr Kevin Zervos, SC, Mr Gerard McCoy, SC, or Miss Charlotte
N Draycott, SC. N
O O
6. Mr Wong is a barrister of some 25 years call. His practice is in
P the criminal field, and he is widely known among senior criminal practitioners. P
At trial, Mr Clive Grossman, SC and Mr Philip Dykes, SC gave evidence on his
Q Q
behalf.
R R
7. Mr Harris submitted that the interest of justice would be furthered
S by Mr Wong being represented by leading counsel with whom he is not S
personally acquainted, and who can form a totally objective view of the law and
T T
the facts.
U U
V V
由此
A - 3 - A
B B
8. He submits, and Mr Selwyn Yu, SC, appearing on behalf of the Bar
C Association, agrees that under the code of conduct governing barristers, a C
barrister may refuse to act for a client for personal reasons, for example,
D D
because the prospective client is a friend. That is for a good reason. I believe
E if a client feels that he would be embarrassed if he were to be represented by a E
friend, it is a matter that the court is entitled to take into consideration.
F F
G 9. The Bar opposes the application on the basis that the Applicant has G
failed to demonstrate that serious and genuine efforts have been made to instruct
H H
local leading counsel in the appeal.
I I
10. Mr Harris told me that some attempts have been made to instruct
J local leading counsel, two of whom had declined to act on the basis of their J
friendship with Mr Wong. However, he informs me that there is a local
K K
leading counsel who would not feel embarrassed and is willing to appear for Mr
L L
Wong. But as I have said, the court is entitled to look at the feelings of the
M
client as well because I think this kind of embarrassment can act both ways. M
N 11. I think it is entirely reasonable that Mr Wong should wish to be N
represented by an overseas leading counsel. He will also be represented by Mr
O O
Graham Harris in the appeal, who is of course a very experienced senior junior
P counsel in the field of the criminal law. So there will be substantial P
involvement by local counsel in this case.
Q Q
R 12. This case is not without complication, but that is not a basis upon R
which I will grant the application.
S S
13. I will grant the application because I agree that the interest of
T T
justice would be served if Mr Wong could be represented by leading counsel
U U
V V
由此
A - 4 - A
B B
with whom he is not personally acquainted and who can form a totally objective
C view of the law and the facts. Lest it be thought that Mr Wong is given special C
treatment because he is a senior barrister, I should explain that admission is
D D
granted so that he can overcome his handicap of being widely known at the
E criminal bar which necessarily limits the choices available to him. E
F F
14. I will make the order in terms of the application.
G G
H H
I (Robert Tang) I
Ag Chief Judge, High Court
J J
K K
Mr. Graham Harris and Mr. Benson Tsoi instructed by Messrs Haldanes for the
L Applicant L
Ms. Leona Cheung Ag. SGC of the Department of Justice for the Secretary for
M M
Justice
N Mr. Selwyn Yu, SC and Mr. Michael Chai instructed by Messrs Philip K. H. N
Wong, Kennedy Y. H. Wong & Co. for the Hong Kong Bar Association
O O
P P
Q Q
R R
S S
T T
U U
V V