Tim Parker白天賜大律師

Practice Overview

Tim Parker is a member of Blackstone Chambers in London, and Denis Chang’s Chambers in Hong Kong. He was awarded the Bar Scholarship in 2008.

Tim’s practice spans advocacy and advisory work in public international law, constitutional and administrative law, competition, and civil / commercial matters. Chambers & Partners Global (2018) ranks Tim as:

  • “One of the best public law juniors around.”
  • “A bright star in the making for administrative law cases.”

 

Education

Tim holds an LL.M (First Class) from the University of Cambridge, where he was elected to the coveted Whewell Scholarship in International Law. Tim also holds an LL.B and PC.LL from the University of Hong Kong, and a B.A. from the University of Melbourne.

Tim was admitted to the Hong Kong Bar in 2009, and was called to the Bar of England & Wales (Middle Temple) in 2017.

 

Practice Profile

Tim has acted in a number of landmark cases before the Hong Kong Court of Final Appeal, and regularly appears before the senior courts in Hong Kong in judicial review matters involving human rights and civil liberties issues. Recent high profile cases include a groundbreaking discrimination case successfully challenging the Immigration Department’s exclusion of same-sex couples from its dependant visa policy (QT v Director of Immigration [2018] 4 HKC 403, Court of Final Appeal); acting for the UNHCR in the Court of Final Appeal in a case establishing the duty of the Hong Kong Government to screen refugee claims (C & Others v Director of Immigration (UNHCR Intervening) (2013) 16 HKCFAR 280); representing a hedge fund and its principal in ongoing commercial judicial review proceedings concerning the use of compelled testimony in foreign proceedings (AA v Securities and Futures Commission, [2017] 1 HKLRD 1018). Tim is currently acting for the Government of Gibraltar in a case before the Privy Council in a constitutional challenge to rent control legislation concerning property rights.

Tim has advised or acted for Governments, public authorities and private parties in public law matters in a range of other jurisdictions, including the Cayman Islands, England & Wales, Gibraltar, Malaysia, Myanmar and Singapore.

Tim handles a wide range of public international law matters before international tribunals, including the International Court of Justice, and domestic fora. He is currently acting for a Government in proceedings before the Commercial Court in London relating to the enforcement of an arbitral award made under a bilateral investment treaty. Tim regularly advises and acts for Governments, international intergovernmental organisations and private entities in areas including: the law of treaties (including reservations), territorial disputes, human rights, sovereign immunity, the law of international organisations, the law of armed conflict, and refugee law, among others. He also has substantial experience in international criminal law, consulting in matters before the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia in the Hague. Before joining the Bar, Tim interned with the United Nations at the Khmer Rouge Tribunal (UNAKRT, Phnom Penh, Cambodia) in an international criminal law role.

In competition law, Tim acted in Hong Kong’s first competition case, Television Broadcasts Ltd v Communications Authority [2016] 2 HKLRD 41, successfully challenging the constitutionality of the broadcasting sector competition law. He currently represents a listed company respondent in the first case before the Hong Kong Competition Tribunal (judgment pending), including in a successful interlocutory challenge to the Competition Commission’s approach to discovery of documents: Competition Commission v Nutanix Hong Kong Limited & Ors [2018] 3 HKC 173. He is also a member of the Competition Commission’s Panel of External Counsel.

In the civil and commercial arena, Tim handles a variety of contractual, tortious and company disputes in Hong Kong and England & Wales. Recent work includes Indian Overseas Bank v Seabulk Systems & Ors [2018] HKCFI 112 (High Court trial of a contractual and banking dispute); advising a technology company valued at over USD 10 billion in a dispute concerning a substantial portion of its shares; and interconnected proceedings before the Queen’s Bench Division in London concerning breaches of contract, deceit, malicious falsehood.

Tim is a CEDR accredited mediator.

 

Appointments

  • Hong Kong Competition Commission, Panel of External Counsel
  • Hong Kong Bar Association, Committee on Constitutional Affairs and Human Rights
  • Hong Kong Bar Association, Committee on International Law
  • Global Rights Compliance (Paris), Consultant (international law litigation; human rights in business)

 

Selected Representative Cases / Advisory Work

 Public Law, Human Rights, Constitutional Law

  • QT v Director of Immigration [2018] 4 HKC 408 (Court of Final Appeal). Represented the applicant in a landmark discrimination case successfully challenging the exclusion of same-sex couples from the Director’s policy of granting dependant visas. Led by Dinah Rose QC.
  • Browne v Munokoa[2018] UKPC 18 (Privy Council). Appeal to the Privy Council from the Cook Islands concerning the status, interpretation and application of indigenous customary laws in former colonial territories. Concerned with succession rights of non-blood adoptees under Māori traditions and customs.
  • C & Others v Director of Immigration (UNHCR Intervening) (2013) 16 HKCFAR 280 (Court of Final Appeal). Junior Counsel for UNHCR. Establishing that the HKSAR, a non-party to the Refugee Convention, may not lawfully return or expel mandated refugees. Led by Gerard McCoy SC.
  • Ubamaka Edward Wilson v Secretary for Security (2012) 15 HKCFAR 743 (Court of Final Appeal). Treaty reservations; constitutional law; successfully arguing unlawfulness of removal where a risk of inhuman or degrading treatment. Led by Richard Gordon QC.
  • GA v Director of Immigration (2014) 17 HKCFAR 60 (Court of Final Appeal), Establishing circumstances in which mandated refugees enjoy right to work. Led by Michael Fordham QC.
  • Advising a Hong Kong public authority in ongoing judicial review proceedings, with Lord Pannick QC.
  • Television Broadcasts Limited v Communications Authority and Chief Executive of the Hong Kong Special Administrative Region [2016] 2 HKLRD 41 (Court of First Instance). Right to fair trial; successful constitutional challenge to broadcasting sector competition law. (Appeal pending). Led by Dinah Rose QC.
  • A v Commissioner of the Independent Commissioner against Corruption (2012) 15 HKCFAR 362 (Court of Final Appeal). Constitutional law; principle of legality; right to silence; compelled testimony. Led by Richard Gordon QC.
  • Brian Alfred Hall v HKSAR (2014) 17 HKCFAR 17 (Court of Final Appeal). Whether Court of Final Appeal had jurisdiction to overturn its own judgment acquitting accused; successfully arguing Court should not exercise implied power. Led by Gerard McCoy SC.
  • CH v Director of Immigration, FAMV 34/2012, 5 December 2011 (Court of Final Appeal, Appeal Committee). Challenge to immigration policy precluding espousal of asylum claims until permission to remain had expired. Unled.
  • Leung Sze Ho Albert v Bar Council of the Hong Kong Bar Association [2017] HKCFA 47 (Court of Final Appeal) (and below: [2015] 5 HKLRD 791 (CFI, unled) and [2016] 1 HKC 421 (CA, led by Philip Dykes SC). Freedom of choice of occupation; Barrister challenging constitutionality of the Bar Code of Conduct prohibition on subsidiary occupations.
  • AA v Securities and Futures Commission, [2017] 1 HKLRD 1018, and ongoing (Court of First Instance). Securities regulation; human rights; transmission of compelled testimony to overseas regulator for use in criminal proceedings.
  • Tsang Kin Chiu v Commission of Police [2015] 4 HKLRD 71 (Court of First Instance). Police abuse of democracy protester; judicial review against failure to disclose identity of police officer suspects. Led by Gerard McCoy SC.
  • Chan Chun Chuen v Commissioner of Inland Revenue [2012] 2 HKLRD 379 (Court of Appeal), led by Philip Dykes SC. Inland revenue judicial review concerning a tax bill of ~HK$ 330,000,000.
  • Brian Alfred Hall v Commissioner of Correctional Services [2015] 2 HKLRD 917 (Court of First Instance). Human rights; fair hearing before an independent and impartial tribunal; successful constitutional challenge to prison disciplinary proceedings resulting in loss of days. Led by Gerard McCoy SC.
  • Z v Director of Legal Aid [2011] 4 HKLRD 362 (Court of First Instance). Successful judicial review challenge to the test for the grant of criminal legal aid. Led by Philip Dykes SC.
  • Andrew Brine & Anor. v Liquor Licencing Board, (Unreported), HCAL 33/2012, 31 March 2012 (Court of First Instance). Successful challenge against refusal of a liquor license. Led by Gerard McCoy SC.

Public International Law

  • Prosecutor v Jovica Stanišić IT-03-69-A, 9 December 2015 (Appeals Chamber, International Criminal Tribunal for the former Yugoslavia), Legal Consultant to Mr. Stanišić. Led by Wayne Jordash QC.
  • Acting for a Government in ongoing proceedings before the Commercial Court in London concerning the enforcement of an arbitral award; sovereign immunity under the State Immunity Act 1978; refusal of recognition under the Arbitration Act 1996.
  • Advice to a Government in an intended matter before the International Court of Justice (2016).
  • Advice to a Government on International Court of Justice proceedings (2017).
  • Advice to a Myanmar’s Lower House Committee for Rule of Law, Peace and Tranquility, Myanmar (re: Governmental use of posse comitatus laws to authorise non-State actors to quell riots).
  • Advocacy paper for World Wildlife Fund for Nature (2017, re: ivory trafficking under international environmental law).
  • Advocacy paper for Hong Kong Shark Foundation (2017, re: global shark fin trade).

Competition

  • Competition Commission v Nutanix & Ors (ongoing, trial June 2018). The first case before the Hong Kong Competition Tribunal.
  • Television Broadcasts Limited v Communications Authority and Chief Executive of the Hong Kong Special Administrative Region [2016] 2 HKLRD 41, see above.

Civil and Commercial

  • Indian Overseas Bank v Seabulk Systems & Ors [2018] HKCFI 112 (Court of First Instance). Bank guarantees; loss of security. Unled.
  • Advising a technology company in share dispute concerning 3% of its shares (company valued at over USD 10 billion).
  • Tadjudin Sunny v Bank of America [2010] 3 HKLRD 417 (Court of Appeal). Bankers’ bonuses; successfully contending for implied anti-avoidance terms barring capricious denial of contractual bonuses. Led by Russell Coleman SC.
  • China Ping An Insurance (Hong Kong) Co. Ltd v Tsang Fung Yin Josephine & Another, [2013] 6 HKC 262 (Court of Appeal), unled. Insurance; whether policy avoided.
  • Basab Inc. & Anor. v Superb Glory Holdings Ltd & Anor., , CACV 256/2014, 22 May 2015 (Court of Appeal), unled. Security for costs.
  • AOF Imaging Technology v Global Industrial Services (HK) Ltd & Anor., HCA953/2012, 28 August 2013, (Court of First Instance), unled.

Family Law

  • Leung Wing Yee Asther v Kwok Yu Wah & Anor (2015) 18 HKCFAR 605 (Court of Final Appeal), with Charles Sussex SC. Ancillary relief; trusts. Successfully establishing beneficial ownership in shares of family company.
  • Z v X v C [2014] HKFLR 263 (Court of Final Appeal, written submissions), with Charles Sussex SC. Ancillary relief; property law; successfully establishing Husband’s beneficial ownership of BVI bearer shares worth over HK$500,000,000.
  • LWYA v KYW [2015] 2 HKLRD 1029 (Court of Appeal), unled. Ancillary relief.
  • SA (formerly SA) v SPH, CACV 99/2012, 8 February 2013 (Court of Appeal). Prenuptial agreements; successfully resisting forum non-conveniens Led by Russell Coleman SC.

Criminal Law

  • HKSAR v Rurik George Caton Jutting [2018] HKCA 5 (Court of Appeal). British banker charged with double murder; diminished responsibility. Led by Gerard McCoy SC.
  • HKSAR v Yahoo! Hong Kong Ltd. Product liability of an online e-commerce platform. Unled.
  • Chong Shue Weng Derek v HKSAR (2010) 13 HKCFAR 441 (Court of Final Appeal, Appeal Committee). Human rights; less favourable immigration treatment for gay couples; sham marriage; immigration fraud. Led by Philip Dykes SC.

 

Selected Publications

  •  Richard Gordon QC and Johnny Mok SC, Judicial Review in Hong Kong (2nd Ed), LexisNexis, Hong Kong, 2014. Contributing author (6 chapters).
  •  Halsbury’s Laws of Hong Kong: Administrative Law, 2nd, 2011 Reissue, Vol. 1, (LexisNexis, Hong Kong, 2011). Sole author.
  •  “Trials in Absentia at the Special Tribunal for Lebanon: Incompatibility with International Human Rights Law”, Journal of International Criminal Justice, Volume 8, No. 2, (Oxford University Press, May 2010), co-author with W. Jordash.
  •  Tort Law and Practice in Hong Kong (2nd Edition), Thomson Reuters Hong Kong, 2011, Contributing Editor: Chapter 11 (Nuisance) and
Called: 2009
Secretary:
Beatrice Chan