Denise Souza
Year of Call
2013 Barrister (Hong Kong)
Practice Areas
Administrative & Public Law
Appellate Law
Civil Law
Convention Against Torture & Non-Refoulement Claims
Criminal Law
Defamation Law
Employment Law
Intellectual Property
Land & Property Law
Tort & Personal Injuries
Discrimination Law
Medico-Legal
Regulatory & Disciplinary
Background
Denise has a broad civil and criminal practice.
Her civil practice has a particular emphasis in public law and judicial review involving immigration, asylum and refugees, and she has appeared for both the Applicant and Respondent in judicial review cases. She also has experience in matters including contract, land and property, employment, intellectual property, medico-legal, and discrimination.
In criminal matters, Denise has been instructed for both the Prosecution and the Defence in criminal trials and appeals. She has experience in a wide range of criminal offences, including homicide, sexual offences, dangerous drugs, immigration offences and commercial crime.
Details
Academic Qualifications
2012, PCLL, The University of Hong Kong
2011, LLB, The University of Hong Kong
Languages Spoken
English
Cantonese
Notable Cases
Civil
Secretary for Justice v Li Yik Ho (2024) 27 HKCFAR 540
Appeared for the Secretary for Justice in a constitutional challenge against the exclusion of spouses in same-sex marriages from legal entitlements and benefits under the Intestates' Estates Ordinance (Cap.73) and the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481), on the basis that it constitutes unlawful discrimination on the grounds of sexual orientation.
Temporosa Ma. Carla Arangote, The Executrix of the Estate of Guting, Joan Sarmiento, Deceased v Choy Chiu Yee Rita [2024] HKDC 747; [2024] HKDC 1589
Appeared for the Claimant in a civil action involving claims in unlawful disability discrimination under the Disability Discrimination Ordinance (Cap. 487) and Employment Ordinance (Cap. 57).
Man King Chuen & Ors. v International College Hong Kong Hong Lok Yuen Association Ltd (Formerly known as Hong Lok Yuen International School Association Ltd & Anor.) [2023] HKCFI 1435
Appeared for the 1st Defendant in a civil action involving a property dispute and claims on the basis of adverse possession.
Ina Astuti & Ors. v Torture Claims Appeal Board/ Non-refoulement Claims Petition Office [2022] HKCA 448
Appeared for the Appellant in an appeal against refusal of leave to judicially review a decision concerning non-refoulement claims.
G & Ors. v Lam Kui Po William (TCAB Decisions) [2020] 2 HKLRD 118
Appeared for the Applicants in a judicial review challenge concerning the loss of their personal data, which involved a procedural challenge against the non-disclosure of information.
Law Chi Yuen v Secretary for Education [2016] 5 HKLRD 302
Appeared on behalf of the Equal Opportunities Commission, intervening as Amicus Curiae, in a judicial review of a decision alleged to amount to disability discrimination contrary to the Disability Discrimination Ordinance (Cap. 487).
Francis v Hospital Authority [2016] 1 HKLRD 885
Appeared for the Hospital Authority in an application for Habeas Corpus.
Singh Arjun v Secretary for Justice (On behalf of the Commissioner of Police) (DCEO 9/2011, 30 May 2016)
Appeared on behalf of the Equal Opportunities Commission, intervening as Amicus Curiae, in a civil action involving claims of unlawful race discrimination under the Race Discrimination Ordinance (Cap. 602).
Criminal Appeals
HKSAR v Chak Kong Fai [2022] 1 HKLRD 370
Appeared for the Appellant in an appeal against conviction for sexual offences under various provisions of the Crimes Ordinance (Cap. 200), involving questions of law relating to the common law exception of recent complaint in sexual cases.
HKSAR v Liang Yaoqiang (2021) 24 HKCFAR 193; (2017) 20 HKCFAR 1
Appeared for the Appellant in a criminal appeal to the Court of Final Appeal against a conviction for murder, involving questions of law relating to an order for retrial (in the 2021 appeal); and concerning questions of law arising from the directions to the jury on the defence of provocation (in the 2017 appeal).
HKSAR v Gutierrez Alvarez Keishu Mercedes [2020] 2 HKLRD 720
Appeared for the Appellant in a criminal appeal to the Court of Appeal against conviction for one count of trafficking in dangerous drugs, which included a systemic challenge to the lack of dockside recording in criminal trials.
HKSAR v So Ping Chi [2019] 1 HKLRD 140
Appeared for the Respondent in criminal appeal against conviction for misconduct in public office.
Publications
The Annotated Ordinances of Hong Kong - Race Discrimination Ordinance, Cap 602
Editor of Updates (2024)
The Annotated Ordinances of Hong Kong - Crimes Ordinance, Cap 200
Editor of Updates (2020)
The Annotated Ordinances of Hong Kong - Homicide Ordinance, Cap 339
Editor of Updates (2020)
