清洪 資深大律師

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’).

Before commencing his career at the Bar Cheng Huan devoted a few years to journalism and was an Assistant Editor of the Far Eastern Economic Review, Associate Editor of Asiaweek, and China correspondent for The Guardian newspaper of the U.K. He travelled extensively in China and wrote extensively on that country’s affairs.

In 1976 Cheng Huan was called to the Hong Kong Bar and sat as a Deputy 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 is a Fellow of the Chartered Institute of Arbitrators and has been involved in arbitration cases. 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 HKSAR v Li Man Tak 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, which was one of the most controversial and significant additions to legislation in recent decades. 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, one of the seven police officers involved in the notorious Occupy Central protests, Japanese billionaire businessman and art collector Kazuo Okada in civil and criminal cases, the late Walter Kwok (former chairman of Sun Hung Kai Properties) in civil and trust matters, et cetera.

In 1996 Cheng Huan became a Fellow of the Chartered Institute of Arbitrators. Among his many public duties he was a member of the People’s Consultative Conference for the Province of Fujian of the PRC, a deputy convener of the Bar Disciplinary Committee, an ex-member of the Criminal Injuries Compensation Board and is a 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. He is also an accredited Counsel to the United Nations’ International Criminal Court at The Hague, is Adjunct Professor at City University, Hong Kong, and Adjunct Professor at Shue Yan University also in Hong Kong.

For many years Cheng Huan has been a weekly columnist for Sing Tao newspaper, and previously for East Week magazine. His 2008 book ‘Defending the Law’ (in English and Chinese versions) recounts some memorable cases during his legal career at the Bar. A second bi-lingual volume entitled ‘One Judgment a Week’ appeared in 2014. A third volume, ‘Reflections’, awaits publication in both English and Chinese versions.