David Chan
Year of Call
2025 Barrister-at-Law (Hong Kong)
1997 Senior Public Prosecutor
1994 Senior Crown Counsel
1992 Crown Counsel
Practice Areas
Criminal Law (General)
Commercial Crime (AML, Confiscations)
Appellate Law
Administrative and Public Law
Civil Law
Probate
Background
David was appointed as a Crown Counsel of the Attorney General’s Chambers in 1992, and was subsequently promoted to Senior Crown Counsel in 1994. His rank was retitled as Senior Public Prosecutor of the Department of Justice after 1997.
Having also graduated from a bachelor degree in Accounting and Economics, and worked as an accountant in Melbourne, Australia before, David was specifically tasked to join “the Commercial Crime Unit” of the Prosecutions Division where he specialized in commercial crimes and corruption cases until 2014 when he became the Deputy Section Head of “District Court”, and later of the elite team, “Court Specialists”. When he was promoted to Assistant Director of Public Prosecutions in 2013, he was the Head of “Cyber Crimes” and “Customs and Excise”. In 2019, he was further promoted to Senior Assistant Director of Public Prosecutions, and became the Head of “District Court” and then “Advocacy and Advisory”. David left the public service in 2025.
David has extensive advocacy experience in “white collar” offences such as conspiracy to defraud, money laundering, fraud, false accounting, theft, using and/or possession of false instrument, forgery, election fraud, and corruption related crimes.
David has also conducted hundreds of trials and appeals on “traditional hardcore” crimes including murder, sexual offences such as rape and indecent assault, wounding and assault, offences under the Customs and Excise Ordinance (Cap. 60) and Immigration Ordinance (Cap. 115), triads and dangerous drugs related offences, perverting the course of justice, and robbery as well as offences under the Road Traffic Ordinance (Cap.374) such as dangerous driving causing death/grievous bodily harm, and careless driving.
Details
Judicial, Statutory Body, and/or Other Appointments
Torture Claims Appeal Board (2026-2028)
Board of Governor, Australian International School Foundation (2004-present)
Chairman/Advisor, Federation of Australian Alumni Associations (2004-2011/present)
Academic Qualifications
1990, LLB, Monash University, Melbourne, Australia
1988, Economics (Accounting), Monash University, Melbourne, Australia
Language Spoken
English, Cantonese
Notable Cases
Criminal Trials
HKSAR v LUK Chun-chung (陸振中), DCCC 137/2023
District Court – Police Superintendent – Indecent Assaults, Wounding and Dangerous Driving
HKSAR v XIAO Chun-qiang, HCCC 337/2020
High Court – Murder
HKSAR v CHIU Kwong-lam & 3 Others, DCCC 917/2019
District Court – Police Officers of Anti-triad Squad charged with Conspiracy to Pervert the Course of Justice – Police Undercover Operation
HKSAR v. LI Wai-man and 13 Others, DCCC 707/2019
District Court – Corruption and Election Fraud
HKSAR v WU Chi-wai, HCCC 151/2019
High Court – Lan Kwai Fong Bar - Trafficking in Dangerous Drugs
HKSAR v CHAN Yiu-wai and CHENG Cho-yee, KTCC 2041/2017
Magistrates’ Court - Tseung Kwan O Tunnel works – Corruption
HKSAR v CHUNG Wai-ting, FLCC 10965/2016
Magistrates’ Court – Unmarked Police Car’s Speed Detection System – Traffic Offence
HKSAR v NAYAB, HCCC 115/2017
High Court – Robbery – Police Undercover Operation - Public Interest Immunity issues
HKSAR v CHAN Tsz-lun, KCCC 274-277&279/2016
Magistrates’ Court – Legality of Uber’s operation in Hong Kong
HKSAR v HKSAR v EBERT Robert James, DCCC 990/2015
District Court – Disputes on Ferrari’s braking system – Dangerous Driving Causing Death
HKSAR v CHEUNG Siu-hung, HCCC 243/2012
High Court – Ap Lei Chau Rapist – Sexual offence
HKSAR v KWOK Wing-kei, CCDI 502/2012
Death Inquest – Police Officer opened fire in the public and killed a suspect
HKSAR v CHUEN Mei-ling, DCCC 495/2011
District Court – Prudential Insurance Agent stealing from clients’ accounts – Conspiracy to Defraud, Money Laundering
HKSAR v SO Wai-kin & 23 Others, TMCC 1198/2011
Magistrates’ Court – Sun Yee On Triad Society – Police Undercover Operation - Triad Offences
HKSAR v HO Ka-kit & two others, HCCC 26/2009
High Court – Yoshinoya (吉野家飯店) – Rape
HKSAR v WONG Sui-wai, HCCC 171/2006
High Court – Murder
HKSAR v CHEUNG Yau-kong, HCCC 25/2007
High Court – Murder
HKSAR v NG Chun-kit, DCCC 1151/2002
District Court – Conspiracy to Deal with Proceeds of Indictable Offence
Criminal Appeals - Court of Final Appeal
HKSAR v NG Fan-ying, (2021) 24 HKCFAR 428
Court of Final Appeal – Scope of cross-examination on credit and events unconnected with the charge
HKSAR v Azad Mohammad Farhan, [2018] HKCFA 50
Court of Final Appeal, Appeal Committee – Rape, Non-consensual buggery and Robbery
HKSAR v CHOI Wang, [2018] HKCFA 27
Court of Final Appeal, Appeal Committee – Making of a Bind Over Order
HKSAR v CHAN Ho-ming, [2017] HKCFA 62
Court of Final Appeal, Appeal Committee – Indecent Assault
HKSAR v WONG Lin-hung , (2016) 19 HKCFAR 578
Court of Final Appeal – Making of a Loss of Time Order on Appeal under s.83W of Criminal Procedure Ordinance Cap.221
Criminal Appeals - Court of Appeal
HKSAR v XIAO Chunqiang, [2025] 2 HKLRD 780
Court of Appeal - Murder
HKSAR v LAI Wai-chun, [2024] HKCA 1139
Court of Appeal – Conspiracy to Rob
HKSAR v Ahmed Shamir and Another, [2025] HKCA 94
Court of Appeal – Conspiracy to Manufacture Dangerous Drugs
HKSAR v LEE Kwok-wai, [2024] 3 HKLRD 326
Court of Appeal – Homosexual Buggery with a man under 16, Indecent Conduct, Indecent Assault
HKSAR v Morrow Jr. Charles Raymond, [2024] HKCA 161
Court of Appeal – Trafficking in Dangerous Drugs
HKSAR v TSANG Yau-tik, [2022] HKCA 1272
Court of Appeal – Rape, Criminal Intimidation
HKSAR v LAU Ka-shing, [2023] 3 HKLRD 110
Court of Appeal – Trafficking in Dangerous Drugs: Under what circumstances would cross-examination on previous convictions be engaged under s.54(1)(f)(ii) of Criminal Procedure Ordinance, Cap. 221
HKSAR v Nayab Amin & others, [2020] 2 HKLRD 1051
Court of Appeal – Conspiracy to Rob: scope of Public Interest Immunity and the duty of disclosure
HKSAR v Mohammed Saif, [2020] HKCA 470
Court of Appeal – Trafficking in Dangerous Drugs: Assistance to Authorities
HKSAR v POON Ka-wai, [2019] HKCA 880
Court of Appeal – Conspiracy to Defraud
HKSAR v Alan Waseen, [2018] HKCA 513
Court of Appeal – Trafficking in Dangerous Drugs: Unbalance Summing-up, Circumstantial Evidence, and Speculation
HKSAR v EBERT Robert James, CACC 353/2016
Court of Appeal – Dangerous Driving Causing Death: Expert Evidence on Ferrari
HKSAR v MAKGAE Khutso Daniel, CACC 390/2015
Court of Appeal – Trafficking in Dangerous Drugs: Procedure on Post Sentence Assistance
HKSAR v SIU Wai-kwan Nicole, [2017] HKLRD 426
Court of Appeal – Theft, Possessing Equipment for Making False Instrument
HKSAR v ZUO Ya-ying, [2016] 3 HKLRD 916
Court of Appeal – Theft
HKSAR v LEUNG Yau-wing Victor, CACC 444 of 2013
Court of Appeal – Soliciting an Advantage as an Agent
HKSAR v Arturs Ludins, CACC 363 of 2013
Court of Appeal – Possession of False Instrument
HKSAR v Au Yeung Leung Yuen, [2014] 3 HKLRD 144
Court of Appeal – Attempted Rape
HKSAR v Zhou Suqin, CACC 442 of 2011
Court of Appeal - Manslaughter
