Andrew Bruce SC
Year of Call
1996 Senior Counsel (Hong Kong)
1977 Barrister & Solicitor (High Court of Australia)
1977 Barrister & Solicitor (South Australia)
Practice Areas
Administrative & Public Law
Civil Law
Criminal Law
Appellate Law
Public & Private International Law (Extradition and MLA)
Regulatory & Disciplinary
Background
Andrew Bruce, SC has been a barrister in private practice in Hong Kong since 2001. From 1982 to 2001 he was a prosecutor with the Hong Kong’s Department of Justice. Prior to that from 1977 to 1982 he was in private practice in Adelaide in Australia as a Barrister and Solicitor. He was a member of the Bar Council of the Hong Kong Bar Association between 2002 and 2006, including as vice-chairman of the Council.
Andrew Bruce, SC specialises in the conduct of proceedings which have a criminal or corporate element. His criminal cases almost always have an emphasis on a commercial or a corporate component often involving charges of fraud, money laundering or private or public sector corruption. Many of these cases are high profile cases. He also has extensive experience in asset recovery (both domestic cases and as Hong Kong’s mutual legal assistance regime expands, international cases) and public law such as judicial review. Andrew Bruce conducts these cases both at the trial stage from the High Court to the Magistracy and on appeal at all levels including the Court of Appeal and the Court of Final Appeal and, until 1997, the Privy Council. Many of these cases now require a detailed knowledge of the Listing Rules of the HKSE and the powers of investigation by agencies such as the SFC and the ICAC. Andrew Bruce is often involved in representations to various levels of Government law enforcement agencies or regulatory agencies to avoid or limit criminal or related proceedings.
Since 1982, Andrew Bruce has been involved in the development of legal education in Hong Kong including as a member from time to time of the Faculty Boards of both Hong Kong University and the City University of Hong Kong. He has lectured at every university on topics relating to substantive law, the law of evidence and procedure, and practical matters such as dealing with the ICAC, the SFC. He has been for some years the Chair of the Special Committee on Criminal Law & Procedure of the Hong Kong Bar Association.
In each year between 2014 and 2022 Andrew Bruce served as a Deputy Judge of the High Court of the Hong Kong Special Administrative Region. This was a part-time appointment and he maintained his practice as Barrister when not serving in this capacity. In his time as a Deputy Judge he tried, with a jury, the full range of criminal cases that usually come before the High Court. He also did civil cases and dealt with matters in the Competition Tribunal.
Details
Academic Qualifications
1977, LLB, Australian National University
1974, BA, Australian National University
Judicial, Statutory Body, and/or Other Appointments
Deputy High Court Judge of Hong Kong (part-time) (2014-2022)
Language Spoken
English
Notable Cases
HKSAR v Chak Kong Fai [2022] 1 HKLRD 370
Court of Appeal - nature of recent complaint in sexual offences - inconsistent verdicts
HKSAR v Chen Keen & Ors [2021] 1 HKLRD 1086
High Court - commercial crime - international law - whether international CCTV available
HKSAR v Castillo Caicedo Teresa [2022] 1 HKLRD 1230
Court of Appeal - drugs sentencing policy - mitigation for post-arrest conduct
HKSAR v McCall & Anor [2018] 3 HKC 361
High Court - expert evidence - proof of qualifications and experience
HKSAR V Muhammad Riaz Khan (2012) 15 HKCFAR 232
Court of Final Appeal – Right to Privacy
HKSAR V Okafor [2012] 1 HKLRD 1041, 1 HKC 427
Court of Appeal – Obligation of Courts to Give Reasons
HKSAR V Chow Chi Wai & Another HCCC 1022 OF 2012
High Court – Marine Collision - Trial
JS Micro Electronics Ltd v Achada & Another [2013] 1 HKLRD 334
High Court – Injunction – Equities Concerning Alleged Proceeds of Fraud
HKSAR v Viven Fan (2011) 14 HKCFAR 641, [2012] 3 HKC 72
Court of Final Appeal – Shanghai Land Case – Involved Since Trial
HKSAR v Egan & Ors (2010) 13 HKCFAR 314, 5 HKC 180
Court of Final Appeal – Obligation to Give Reasons
Tsoi Man Hung & Another v Commissioner of Police [2008] 5 HKLRD 412, 5 HKC 513
Judicial Review – Obtaining DNA Samples
S-J v Lam Tat-Ming & Anor [2000] 2 HKLRD 431
Court of Final Appeal – Scope of Discretion to Admit Admissions Against Interest
Tang Siu-Man v HKSAR [1998] 1 HKLRD 350, 1 HKC 381
Court of Final Appeal – Character Direction in Criminal Trials.
HKSAR v Wu Wing Kit & Another DCCC 1022/2012
District Court – Money Laundering– Trial and Asset Recovery
Publications
Criminal Evidence in Hong Kong
Author (1987 – Present)
Criminal Proceedings: Trial on Indictment
Author (1996 – Present)
Hong Kong Civil Procedure
Consultant Editor
Hong Kong Law Reports and Digest (HKLRD)
Consultant Editor
Bribery and Corruption Law in Hong Kong, 4th edition, 5th edition
Author
Halsbury’s Laws of Hong Kong: Volume 9 - Criminal Law
Consultant Editor
