Cheng Huan Q.C., S.C.

Senior Counsel

Profile

Cheng Huan Q.C., S.C. was educated in Malaysia, Singapore, and the U.K. (in London and at Cambridge University). He was called to the English Bar (Inner Temple) in 1969. In 1971 he was awarded a Diploma in International Law from Cambridge University. He holds an LL.B. degree from Trinity Hall, Cambridge where he also completed a thesis on the legal aspects of boundary disputes between China and the Soviet Union. The mentors for his legal education at Cambridge University were the distinguished international lawyers Professor Lauterpacht and Sir James Fawcett (a distinguished judge of the European Court of Human Rights and the head of Chatham House). His tutors at Cambridge included Professor D.W. Bowett (the author of ‘The Law of International Institutions') and Professor R.J. Jennings (the author of ‘The Acquisition of Territory in International Law’).

In 1976 Cheng Huan was called to the Hong Kong Bar and sat as a District Court Judge during 1986-1987.In 1988 he was made a Queen’s Counsel. Throughout his legal career he has specialised in criminal law and various aspects of civil law including the law of defamation. He became a Senior Counsel when Hong Kong’s sovereignty reverted to China in 1997. He has been involved in a great number of high profile cases including DCC689/2005 which involved Kwong Hing Limited and the issue of the legality of covert surveillance by the Independent Commission Against Corruption (ICAC). The case of HKSAR v Shum Chiu involved the Hong Kong Housing Authority and led to a stay of proceedings in the District Court. As a result of these cases new legislation to legalise the use of covert surveillance by Hong Kong’s law enforcement agencies was introduced with the Interception of Communications and Covert Surveillance Ordinance. He defended James Henry Ting of Akai Holdings Limited and represented Mo Yuk Ping of Shanghai Land in the stay application. He defended, among others, the singer and actor Nicholas Tse Ting-fung; Lam Tak-ming, whose acquittal led to an appeal that subsequently reached the Court of Final Appeal and decided how a judge should exercise his judicial discretion when dealing with confession statements. He has represented in various capacities such high-profile cases as Nina Wang, Tony Chan Chun-chuen, champion horse-trainer Brian Kan Ping-chee, Dr David Ho in the Jockey Club corruption case, the casino and pachinko mogul Kazuo Okada.  

In 1996 Cheng Huan became a Fellow of the Chartered Institute of Arbitrators. Among his many public duties he has been a member of the People’s Consultative Conference for the Province of Fujian, a deputy convener of the Bar Disciplinary Committee, a member of the Criminal Injuries Compensation Board and director of the Chinese Overseas Friendship Association. He has served as a member of the election committee that elects the Chief Executive of the HKSAR, is an accredited Counsel to the United Nations’ International Criminal Court at The Hague, and Adjunct Professor at both City University, and Hong Kong Shue Yan University.

For 10 years Cheng Huan has written a weekly column for Sing Tao newspaper. His books ‘Defending the Law’ [2008], 'One Judgment a Week’ [2014] and ‘Reflections’ [2021] recount his legal career.