Mr. Kwan Tong-Lee 關唐利大律師

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Call: 1992(HK)
Education: B.A. Mathematics (HKU) 1983; P.C.LL (HKU) 1992
Working Experience: Teaching AL Mathematics (1984-1991); China Trade (1985-1989)
Language: Proficient in English, Punti and Putonghua

Practice Profile: 
Mr. Kwan started his full practice in 1993 after     serving pupillage with Robert Whitehead, S.C., Q.C. Lawrence Lok, S.C., Q.C. He is a sought after eminent counsel with ample experience in both civil, criminal trials and criminal appeals, albeit he was predominantly briefed in criminal matters. He fights every case with utmost diligence and professionalism.

In criminal area
Over the course of 25 years, he has handled more than 1,200 cases involving various aspects of criminal practice.
He has handled more than 20 cases involving application for leave to appeal to the Court of Final Appeal.
He specializes in the following area: admissibility of cautioned / uncautioned statements, money laundering, appeal on costs, Immigration offences, ICAC offences, industrial summons, commercial crimes, fraud, triad related offences, sexual offences, conspiracy to rob, conspiracy to defraud, trafficking in dangerous drugs…etc.
He has appeared in hundreds of trials and many appeals in various level of Courts : Magistrate Courts, District Court, Court of First Instance and Court of Appeal.

Recently, Mr. Kwan acted for the successful defendant in DCCC 588/2016 曾XX. An ICAC case involving more than 60 bundles of documents consisting of more than 20,000 pages of commercial documents, issues like banking practice, L/C discounting (信用証貼現), trade finance (貿易融資), carry trade (套息), … etc, were canvassed. Following a 20 odd days trial, defendant was acquitted of conspiracy to accept advantage charges (串謀收受利益罪) and awarded defence costs.

Civil trials
He has appeared in more than 30 civil trials conducted in the District Court and Court of First Instance involving sale of goods, breach of contract, tort, employee compensation, personal injury, bankruptcy, money had and received, etc.

Selected Cases

Mr. Kwan appeared for the following successful Appellants:

Court of Appeal (上訴法庭)

Appeal against conviction

HKSAR v Chan Yuk Ling (陳玉玲) CACC 102/2012
Reported in(2013)1 HKLRD 1093
A seminal landmark Trafficking in Dangerous Drugs case concerning voluntariness and fairness in determining admissibility of alleged oral (uncautioned) admissions.
C.A. said this judgment should be referred to the Commissioner of Police for his consideration. Conviction quashed. No retrial. Appellant “had costs here and below”.

HKSAR v Chao CACC 13/2008
Conspiracy to rob, an important case on judge’s direction to jury. Non-direction on drawing inference. Conviction quashed. 12 years imprisonment sentence set aside.

HKSAR v Wong Fai Sing (黃輝成) CACC 56/2006
Reported in (2007) 2 HKLRD 346
ICAC offence, conspiracy to offer advantage to agent. Lurking doubt situation. Trial judge failed to resolve material discrepancies between the tainted witness’s testimony and his NPS.
Appeal allowed.

HKSAR v Lau CACC 218/2009
Obtaining pecuniary advantage by deception. Using false documents to obtain loan from finance company.
Appeal allowed. Conviction quashed, being unsafe.

HKSAR v Wan CACC 363/2006
Burglary case (jointly charged). Whether failure of D to testify would entitle the Court to draw ‘compelling inference’. Inference wrongly drawn by District Judge.
Appeal allowed. Conviction quashed.

Appeal against sentence

HKSAR v Guan Gui Zhen (關翠珍) CACC 54/2011, CACC 221/2011, HCMA 360/2011 heard together, Reported in (2012) 1 HKLRD 903
Possession of forged identity card ; Unlawful remaining.
A seminal case on sentencing on these offences. Appeal allowed.

HKSAR v Choy Ka Fai CACC 195/2009
Reported in (2011) 2 HKLRD 150
Triad case. Act for D2, D5, D6 re Sentence
Claiming to be a member of a triad society in social context.
Sentences of 12 and 15 months reduced to 3 months.

HKSAR v Poon Wing Kay and anor CAAR2/2006
Reported in (20017) 1 HKLRD 660
Dangerous Driving causing death.
Sentence reviewed and increased by Court of Appeal.

HKSAR v Lee Ming Yin (李銘賢) CACC 332/2010
Totality principle on sentencing. Appeal allowed.

HKSAR v Lau Po Sing (劉保勝) CACC 95/2007
Discount in sentence for assistance to the police. Appeal allowed.

Mr. Kwan appeared for the successful Appellants in the following HCMA cases.

Magistracy Appeals (裁判法院上訴)

HKSAR v 鐘 HCMA 902/2002 (訟費上訴)
Infringing copies.
Appeal against Magistrate’s decision disallowing defence costs upon acquittal.
Appeal allowed. Appellant was awarded appellate and trial costs.

HKSAR v X Ltd HCMA 756/2013 (訟費上訴)
Labour summons re industrial safety.
Appeal against Magistrate’s decision refusing defence costs upon acquittal.
Appeal allowed. Appellant had “costs here and below”.

Appeal against conviction

HKSAR v 曾 HCMA 201/2004
Criminal intimidation case; Appeal against conviction
Appeal allowed

香港特別行政區訴于 HCMA 202/2010
Theft case; Lurking doubt situation. (潛在疑點)
Appeal allowed. Appellant was awarded appellate costs.

HKSAR v Poon HCMA 67/2012
Fraud case. Prejudicial effect outweigh probative value ; Lurking doubt.
Appeal allowed. Appellant was awarded appellate and trial costs.

HKSAR v 林 HCMA 598/2013
Theft case. Procedural irregularity, voir dire not conducted at trial, involving Thongjai scenario. Appeal allowed.
Appellant was awarded appellate costs.

HKSAR v 藍 HCMA 180/2016
Indecent assault case; honest belief in consent not considered by Magistrate.
Conviction quashed. Appellant was awarded appellate costs and trial costs.

Appeal against sentence

HKSAR v 邱 HCMA 900/2002
Appeal allowed.

HKSAR v 李 HCMA 387/2004
Appeal allowed.

HKSAR v 黃 HCMA 504/2007
Appeal allowed.

HKSAR v 許 HCMA 274/2011
Immigration offence.
Appeal allowed.

Mr. Kwan also appeared in many other appeal cases, including, inter alia, CACC 385/2014 (money laundering case), CACC 83/2010, CACC 163/2008, HCMA 134/2013, HCMA 688/2018, CAAR 6/20119, HCMA 134/2013, CACC 332/2010, HCMA 43/2011, HCMA 518/2014, HCMA 504/2013 (costs appeal)…etc

Trial Cases

Mr. Kwan has acted for hundreds of defendants in criminal trials conducted in Magistrate Courts, District Court and the Court of First Instance. The following are some notable cases:

Indecent assault on close relative. Trial in District Court. Acquitted and awarded defence costs.

‘Bogus marriage’ case. Magistrate trial. No case to answer. The cautioned statements were ruled out, following a voir dire lasted for 5 days. Defence costs awarded.

ICAC case. Trial in District Court.
Residual discretion to exclude otherwise admissible confession.
No case to answer after the voir dire lasted for 6 days (a difficult case where D volunteered information to ICAC with a view to reporting others’ criminal activity).

A conspiracy to defraud case involving insurance agents. Trial in District Court for 80 odd days. No case to answer after cautioned statements ruled out.

A trafficking in DD case tried in District Court. No case to answer after cautioned statements ruled out.

A rape case tried in the Court of First Instance. Senior junior Counsel advised that there was no defence of ‘belief in consent’ while the victim was asleep. Defence Counsel sought to establish possibility of malingering on the part of the victim.
D was acquitted by jury.

Civil Cases (民事案件)

Mr. Kwan acted for many successful corporate and individual clients in civil trials.

Notable cases

利華錶殼廠公司訴劉汝鴻 HCA 576/2006

Sale of goods case. Acted for successful plaintiff.

L & C Insurance Consultants Ltd v Liu Kam Shing HCA 1966/1993
Acted for successful defendant. Plaintiff’s claim dismissed with costs.

Ng Ching Keung v Wah Hip Engineering Co Ltd and anor HCA 3379/2002
Action on a debt; Acted for successful plaintiff.

Law Man Tim v Pong Yip Keung (D3) DCCJ 2969/2005
Action re land; Acted for successful defendant.

Lee Yuen Fan v Fung Lai Kan and others DCEC 699/2005
Employment compensation. Acted for successful party.

Combat Theatre Ltd v Joes Paradise Ltd DCCJ 4015/2005
Services rendered. Acted for successful plaintiff.

Chan Wai Tung v Tang Kwok Kwong DCPI 1503/2007
Reported in (2010) 5 HKLRD 353
personal injury case ; Acted for successful defendant.

Lo Kwok Hang v Hui Hop Tak DCCJ 467/2012
Action on debt ; Acted for successful plaintiff.

TS Office System Ltd v Wing Kee Produce Ltd HCSA 31/2014
Reported in (2015) 1 HKLRD 479
Small claims appeal. Ostensible authority of agent etc ;
Acted for successful appellant/defendant.

Good Ability Ltd v 香港城市服務中心有限公司DCCJ 4685/2011
Action for service fee ; Acted for successful plaintiff.

Times-Ringer (HK) Limited v Tin Tin Publication Development Ltd and others HCA 1370/2001
Appeal against interlocutory judgment entered against the Defendants.
Acted for successful plaintiff / respondent.

Re Vong Pak Cheong HCB 16256/2002
Bankruptcy case ; Acted for successful plaintiff.

Mr. Kwan also appeared in many other civil proceedings, including, inter alia,
HCCW 281/1995, DCCJ 447/2007, DCCJ 6361/2016, LPDP 565/2013, HCA 7961/1996, …