Administrative and Public LawCommercial LawCompetition LawPublic International Law
Email : [email protected] Secretary : Beatrice Chan [email protected]
Tim Parker practices as a barrister in Hong Kong and in England and Wales, where he is a member of Blackstone Chambers (profile here). His practice focuses public and international law (including constitutional and administrative law, and human rights), civil / commercial disputes, and regulatory / competition matters.
Tim holds an LLM from the University of Cambridge, where he was elected to the coveted Whewell Scholarship in International Law, an LLB and PCLL from the University of Hong Kong, and a BA from the University of Melbourne. Tim was awarded the Bar Scholarship in 2008.
Highly ranked in the leading legal directories, Tim is praised in particular for his oral and written advocacy across a range of disciplines:
“Tim is extremely intellectual and practical and it is difficult to find another junior barrister of his calibre. Overall, while his written work is excellent, his advocacy and performance in court are also very impressive, making him one of the best junior barristers in Hong Kong.”
Chambers & Partners 2023 Greater China Region, Commercial Dispute Resolution: The Bar — Juniors
“He is a fantastic barrister – super-intelligent, very commercial and easy to work with. When you take into account Tim’s seniority, I don’t find anyone quite comparable at that level.”
Chambers & Partners 2023 Greater China Region, Administrative and Public Law: Spotlight Table — Juniors
“His knowledge and experience of the area are extensive and his advocacy skills both written and oral are absolutely top notch. A great team player and very user friendly.”
Legal 500 Asia Pacific 2023 : Hong Kong Bar — Administrative and Public Law
“Tim is one of the best advocates in court. He is very intelligent and can think of arguments that other advocates do not typically cover. His arguments are highly persuasive.”
Legal 500 Asia Pacific 2023: Hong Kong Bar — Commercial Disputes
“Tim has outstanding analytical abilities and is a first rate advocate. Without question, he is one of the ablest lawyers in this field.’”
Legal 500 Asia Pacific 2023: Hong Kong Bar — Competition
“He is also notably active on commercial cases, one source describing him as ‘really top-notch across a broad range of work,’ while another interviewee calls him ’an intelligent and astute counsel of high integrity’.”
Chambers & Partners Greater China Region 2022: Commercial Dispute Resolution
“Tim Parker is praised as “an expert in constitutional and administrative law”.”
WWL 2021 & 2022: Commercial Litigation — Future Leaders — Non-Partners
“Tim Parker is a prominent figure in the market who is highly regarded for his “vast experience in judicial review”.”
WWL 2022: Mainland China & Hong Kong SAR — Commercial Litigation, Hong Kong
“Tim is a star. A measured yet forceful advocate who has a very tactical mind. He easily holds his own with the most senior of judges.”
Legal 500 Asia Pacific 2022: Hong Kong Bar — Administrative and Public Law
“Tim is superbly clever, and a highly talented and effective advocate who is always well prepared and inspires great confidence.”
Legal 500 Asia Pacific 2022: Hong Kong Bar — Commercial Disputes
“An excellent advocate, with tremendous experience in both public and competition law. He commands the respect of all the judges he appears before.”
Legal 500 Asia Pacific 2022: Asia Pacific: Hong Kong Bar — Competition
“Very bright and user friendly barrister, especially when it comes to competition and public law related matters.”
Legal 500 United Kingdom 2021: United Kingdom: London Bar — Offshore
Winner of Lexology’s Client Choice Award 2021: Hong Kong — Litigation
Constitutional and Administrative Law
Tim has acted in a number of landmark constitutional and administrative law cases before the Hong Kong Court of Final Appeal and the Privy Council, including QT v Director of Immigration (2018) 21 HKCFAR 324 (striking down the Immigration Department’s exclusion of same-sex couples from its dependant visa policy) C & Others v Director of Immigration (UNHCR Intervening) (2013) 16 HKCFAR 280 (representing the UNHCR; establishing the duty of the Hong Kong Government to screen refugee claims); Ubamaka v Secretary of Security (2012) 15 HKCFAR 743 (holding that removal from Hong Kong was unlawful where there existed a risk of cruel or inhuman treatment in the receiving State); A v The Commissioner of the Independent Commission Against Corruption (2012) 15 HKCFAR 362 (constitutional challenge to statutory provision compelling the production of information); Browne v Munokoa  UKPC 18 (Privy Council on appeal from the Cook Islands, concerning the Constitutional status, interpretation, and application of indigenous customary law in former colonial territories).
Tim regularly advises and acts for Governments, public authorities and private parties in public law matters in a range of jurisdictions, including in Hong Kong, the United Kingdom, the Cayman Islands, Gibraltar, Malaysia, Myanmar, and Singapore. He recently represented the Government of the Cayman Islands before the Privy Council in Day v Governor of the Cayman Islands  UKPC 6 (on the issue of same-sex marriage), and the Hong Kong Hospital Authority in Chairman and Deputy Chairman of the Preliminary Investigation Committee of the Medical Council of Hong Kong v Hospital Authority  1 HKLRD 16 (concerning the compelled production of private medical records).
Recent public law instructions of note include: Harjang Singh v Secretary of Security & Anor  HKCA 781 (Court of Appeal granting habeas corpus following 3+ years’ immigration detention); the watershed decision in Tam Sze Leung & Ors v Commissioner of Police  1 HKLRD 480 (CFI, police practice of informally freezing bank accounts by ‘no consent’ letters held unlawful and unconstitutional); Infinger v Hong Kong Housing Authority  1 HKLRD 1188 (CFI, successful constitutional challenge to subsidised housing policy excluding same-sex couples); and Hong Kong Journalists Association v Commissioner of Police  5 HKLRD 653 (finding that Hong Kong’s police complaints mechanism is constitutionally deficient for lack of independence, and that police acted unlawfully by deploying officers at public order events without clearly visible, unique insignia).
Public International Law
Tim handles a wide range of public international law matters before international tribunals, including the International Court of Justice, and domestic fora. He is currently acting for a Government in proceedings before the Commercial Court in London relating to sovereign immunity in the context of the enforcement of an arbitral award made under a bilateral investment treaty. Tim regularly advises and acts for Governments, international intergovernmental organisations and private entities in areas including: the law of treaties (including treaty succession and reservations), territorial disputes, sovereign immunity, the law of armed conflict, WTO law, international investment law and BIT disputes, human rights and refugee law, among others. He also has substantial experience in international criminal law, including appearing in Prosecutor v Jovica Stanišić IT-03-69-A, 9 December 2015 (Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia). Before joining the Bar, Tim interned with the United Nations at the Khmer Rouge Tribunal (UNAKRT, Phnom Penh, Cambodia) in an international criminal law role.
Competition and Regulatory
In the field of competition law, Tim has acted in a wide range of matters before the Hong Kong Competition Tribunal and the UK Competition Appeal Tribunal. He successfully defended a listed IT hardware provider in Competition Commission v Nutanix Hong Kong Ltd & Ors  3 HKC 307, the first enforcement action brought under the Competition Ordinance (Cap. 619). He currently represents the regulator in Competition Commission v Linde (HKO) Ltd & Ors  5 HKLRD 175), alleging abuse of dominance in the medical gases market, and acts for the Harbour Plaza Hotels group in Competition Commission v Gray Line Tours of Hong Kong Limited & Ors  HKCT 3 where facilitation of cartel conduct is alleged in respect of the market for tour, transport, and attraction tickets.
He is also acting in Shell Hong Kong Ltd & Anor v Meyer Aluminium Ltd, CACV 500/2021 (an ongoing appeal in a commercial dispute over purchase price of fuel; defence alleging illegality due to price fixing). Prior to the enactment of the Ordinance, Tim represented Television Broadcasts Limited v Communications Authority and Chief Executive of the Hong Kong Special Administrative Region  2 HKLRD 41 (CFI) in its successful constitutional challenge to the broadcasting sector competition provisions (on grounds of incompatibility with the right to a fair trial).
Tim regularly advises and acts in proceedings and investigations relating to the Independent Commission Against Corruption, the Securities and Futures Commission, and the Stock Exchange of Hong Kong Limited, such as in AA & Anor v The Securities and Futures Commission  2 HKLRD 16 (CFI), a regulatory judicial review challenging, on constitutional grounds, the decision of the SFC to provide an overseas regulator with testimony given under compulsion pursuant to the Securities and Futures Ordinance (Cap. 571). Tim recently appeared before the Air Transport Licensing Authority representing Greater Bay Airlines in respect of its Application for an air transport licence.
Civil and Commercial
In the civil and commercial arena, Tim handles a variety of contractual, tortious, and commercial disputes, particularly those with an international dimension. He also has experience in handling commercial arbitration proceedings.
Recent work includes: A confidential arbitration concerning a dispute over cryptocurrency (featuring USD 9-figure claims and counterclaims); AB v X & Ors  1 HKLRD 1259, setting aside an examination order giving effect to a letter of request in US regulatory action; Certain Underwriters at Lloyds of London & Ors v Syrian Arab Republic & Ors. CL-2015-000667, an application on behalf of the insurers for disclosure of UK assets belonging to the Syrian Government and certain officials in order to enforce a judgment in respect of a 1985 State-sponsored hijacking of an EgyptAir Flight (Commercial Court, London); Merck KGaA v Merck Sharp & Dohme Corp & Merck Sharp & Dohme (Asia) Limited, HCA 1087/2018, an ongoing trademark / contractual dispute before the Hong Kong High Court (with connected litigation in numerous other jurisdictions); and Sang Cheol Woo v Funvest Global Pte Ltd & Ors, HCMP 847/2020, setting aside injunctive relief given in aid of Singapore proceedings (HK High Court, settled).
Tim is a CEDR accredited mediator.
- CEDR Accredited Mediator
Tim holds an LL.M (First Class) from the University of Cambridge, where he was elected to the coveted Whewell Scholarship in International Law. Tim also holds an LL.B and PC.LL from the University of Hong Kong, and a B.A. from the University of Melbourne.
Tim is currently completing his PhD in Law at Trinity College, Cambridge.
- Whewell Scholarship in International Law, University of Cambridge (2014)
- M. Burnett Prize, University of Cambridge (2014)
- Hollond-Whittaker Studentship in Law, Trinity College, Cambridge (2015 – 2019)
- Bar Scholarship (2008)
- Baxter Prize, Philip C Jessup International Law Moot Court Competition (World’s Best Memorial) (2006)
- Best Oralist, Asia Cup International Humanitarian Law Moot (2006)
- Member, Hong Kong Bar Association Committee on International Law (formerly Chairman)
- Member, Hong Kong Bar Association Committee on Constitutional Affairs and Human Rights (formerly Chairman)
- Member, Legal Aid Services Council
- Member, Security Bureau’s Advisory Committee on the Pilot Scheme for the Provision of Publicly-funded Legal Assistance to Non-refoulement Claimants
- Hong Kong Competition Commission, Panel of External Counsel
- Global Rights Compliance (Paris), Consultant (international law litigation; human rights in business)
- Former Member, Bar Council of the Hong Kong Bar Association
- Richard Gordon QC and Johnny Mok SC, Judicial Review in Hong Kong (2nd Ed) (LexisNexis, Hong Kong, 2014, Contributing author) (6 chapters)
- Halsbury’s Laws of Hong Kong: Administrative Law, 2nd Ed., 2011 Reissue, Vol. 1, (LexisNexis, Hong Kong, 2011, Sole author)
- “Trials in Absentia at the Special Tribunal for Lebanon: Incompatibility with International Human Rights Law”, Journal of International Criminal Justice, Volume 8, No. 2, (Oxford University Press, May 2010, co-author with W. Jordash)
- Tort Law and Practice in Hong Kong (2nd Edition) (Thomson Reuters Hong Kong, 2011, Contributing Editor: Chapter 11 (Nuisance) and Chapter 12 (Rylands v Fletcher Liability))
Administrative and Public Law, Human Rights, Constitutional Law
Day & Bush v The Governor of the Cayman Islands & Anor  UKPC 6 (Privy Council)
Represented the Cayman Islands Attorney General in judicial review proceedings concerning same-sex marriage. Led by Sir Jeffrey Jowell QC and Dinah Rose QC.
Harjang Singh v Secretary of Security & Anor  HKCA 781 (Court of Appeal)
Secured habeas corpus for asylum seeker held in immigration detention for more than three years. With Josh Baker.
Tam Sze Leung & Ors v Commissioner of Police  1 HKLRD 480 (CFI)
Landmark case successfully challenging police practice of informally freezing bank accounts by ‘no consent’ letters. Led by Abraham SC and with Geoffrey Yeung.
Katina Anglin v The Governor of the Cayman Islands (Colours Caribbean Intervening) Cause No. G169/2020, 28 March 2022
Acting for the Governor in a constitutional challenge to his enactment of the Civil Partnership Act 2020. Held that the Governor had acted lawfully under section 81 of the Cayman Islands Constitution. Led by Tom Hickman QC.
Hong Kong Journalists Association v Commissioner of Police  5 HKLRD 653 (CFI)
Finding that police complaints mechanism is constitutionally deficient for lack of independence; and that police acted unlawfully by deploying officers at public order events without clearly visible, unique insignia. Led by Philip Dykes SC and Robert Pang SC and with Geoffrey Yeung.
Chairman and Deputy Chairman of the Preliminary Investigation Committee of the Medical Council of Hong Kong v Hospital Authority  1 HKLRD 16 (Court of Appeal)
Appeared for the Hospital Authority, which was held not compellable to produce private medical records. Led by Abraham Chan SC and with Kim McCoy.
Re The German Swiss International School Association Ltd  3 HKLRD 518 (CFI)
Acted for the German Swiss International School Association Limited (“GSISAL”) in successfully obtaining the Companies Court’s declaration that the German language restrictions contained in GSISAL’s Articles of Association infringe the Race Discrimination Ordinance (Cap. 602). Led by Abraham Chan SC.
H v Director of Immigration FACV 1/2020 (Court of Final Appeal)
Represented the Applicants in their successful appeal to the Court of Final Appeal, which held that applications for judicial review brought out of time do not need leave to appeal from the Court of First Instance, even when an extension of time has been refused. Led by Philip Dykes SC.
Infinger, Nick v Hong Kong Housing Authority  HKCFI 329 (CFI)
Acted for the Applicant in a case concerning a judicial review against the Housing Authority’s policy to exclude same-sex couples from eligibility to apply for public rental housing. With Geoffrey Yeung.
QT v Director of Immigration (2018) 21 HKCFAR 324 (Court of Final Appeal)
Represented the applicant in a landmark discrimination case successfully challenging the exclusion of same-sex couples from the Director’s policy of granting dependant visas. Led by Dinah Rose QC.
MK v Government of HKSAR  2 HKLRD 978
Application on behalf of transgender person to intervene in proceedings concerning the right of same-sex couples to marry, alternatively to a legal framework for recognition and protection of same-sex relationships. With Geoffrey Yeung.
Browne v Munokoa  UKPC 18 (Privy Council)
Appeal to the Privy Council from the Cook Islands addressing the Constitutional status, interpretation and application of indigenous customary laws in former colonial territories. Concerned with succession rights of non-blood adoptees under Māori traditions and customs. Led by Gerard McCoy SC.
C & Others v Director of Immigration (UNHCR Intervening) (2013) 16 HKCFAR 280 (Court of Final Appeal)
Junior Counsel for UNHCR. Establishing that the HKSAR, a non-party to the Refugee Convention, may not lawfully return or expel mandated refugees, and must itself screen refugee claims. Led by Gerard McCoy SC.
Ubamaka Edward Wilson v Secretary for Security (2012) 15 HKCFAR 743 (Court of Final Appeal)
Treaty reservations; constitutional law; successfully arguing unlawfulness of removal where a risk of inhuman or degrading treatment. Led by Richard Gordon QC.
GA v Director of Immigration (2014) 17 HKCFAR 60 (Court of Final Appeal)
Establishing circumstances in which mandated refugees enjoy right to work. Led by Michael Fordham QC and with Earl Deng.
Advising a Hong Kong public authority in judicial review proceedings, with Lord Pannick QC.
Television Broadcasts Limited v Communications Authority and Chief Executive of the Hong Kong Special Administrative Region  2 HKLRD 41 (Court of First Instance)
Right to fair trial; successful constitutional challenge to broadcasting sector competition law. Led by Dinah Rose QC.
A v Commissioner of the Independent Commissioner against Corruption (2012) 15 HKCFAR 362 (Court of Final Appeal)
Constitutional law; principle of legality; right to silence; compelled testimony. Led by Richard Gordon QC and Gerard McCoy SC.
Brian Alfred Hall v HKSAR (2014) 17 HKCFAR 17 (Court of Final Appeal)
Whether Court of Final Appeal had jurisdiction to overturn its own judgment acquitting accused; successfully arguing Court should not exercise implied power. Led by Gerard McCoy SC.
CH v Director of Immigration, FAMV 34/2012, 5 December 2011 (Court of Final Appeal, Appeal Committee)
Challenge to immigration policy precluding espousal of asylum claims until permission to remain had expired.
Leung Sze Ho Albert v Bar Council of the Hong Kong Bar Association  HKCFA 47 (Court of Final Appeal) (and below:  5 HKLRD 791 (CFI, unled) and  1 HKC 421 (CA, led by Philip Dykes SC)
Freedom of choice of occupation; Barrister challenging constitutionality of the Bar Code of Conduct prohibition on subsidiary occupations.
Tsang Kin Chiu v Commission of Police  4 HKLRD 71 (CFI)
Police abuse of democracy protester; judicial review against failure to disclose identity of police officer suspects. Led by Gerard McCoy SC.
Chan Chun Chuen v Commissioner of Inland Revenue  2 HKLRD 379 (Court of Appeal)
Inland revenue judicial review concerning a tax bill of HK$ 330,000,000. Led by Philip Dykes SC.
Brian Alfred Hall v Commissioner of Correctional Services  2 HKLRD 917 (Court of First Instance)
Human rights; fair hearing before an independent and impartial tribunal; successful constitutional challenge to prison disciplinary proceedings resulting in loss of remission of sentence. Led by Gerard McCoy SC.
Public International Law
Prosecutor v Jovica Stanišić IT-03-69-A, 9 December 2015 (Appeals Chamber, International Criminal Tribunal for the former Yugoslavia)
Prosecution appeal against acquittal on charges of crimes against humanity and war crimes. Legal Consultant to Mr. Stanišić, led by Wayne Jordash QC
Acting for a Government in ongoing proceedings before the Commercial Court in London concerning the enforcement of an arbitral award; sovereign immunity under the State Immunity Act 1978; refusal of recognition under the Arbitration Act 1996
Advice to a Government in an intended matter before the International Court of Justice (2016)
Advice to a Government on International Court of Justice proceedings (2017)
Advice to a Myanmar’s Lower House Committee for Rule of Law, Peace and Tranquility, Myanmar (re: Governmental use of posse comitatus laws to authorise non-State actors to quell riots)
Advocacy paper for World Wildlife Fund for Nature (2017, re: ivory trafficking under international environmental law)
Advocacy paper for Hong Kong Shark Foundation (2017, re: global shark fin trade)
Competition and Regulatory
Competition Commission v Gray Line Tours of Hong Kong Limited & Ors  HKCT 3
Alleged facilitation of cartel conduct alleged in respect of the market for tour, transport, and attraction tickets.
Competition Commission v Linde (HKO) Limited & Ors  HKCT 3 (and  5 HKLRD 175)
Acting for the Competition Commission in the first enforcement proceedings brought under the Second Conduct Rule, alleging abuse of dominance in the medical gases market.
Competition Commission v Nutanix & Ors  3 HKC 307
The first enforcement action before the Competition Tribunal, alleging IT-sector bid-rigging. Successfully defended SiS International Ltd. See also  HKCT 1, ordering discovery in favour of SiS, laying down the principles of disclosure required of the Competition Commission in enforcement proceedings. Led by Gerard McCoy SC.
Shell Hong Kong Ltd & Anor v Meyer Aluminium Ltd, CACV 500/2021
Ongoing appeal in a commercial dispute over purchase price of fuel; defence alleging illegality due to price fixing.
AA & Anor v The Securities and Futures Commission  2 HKLRD 16 (CFI)
Use of materials provided to regulator under compulsion. Led by Gerard McCoy SC.
Television Broadcasts Limited v Communications Authority & Anor  HKCFI 3180
Challenge decision concerning placement advertising in breach of codes of practice on programming and advertising. Led by Gerard McCoy SC.
Y v Commissioner of the Independent Commission v Corruption  HKCFI 161
Challenge to an ICAC search warrant. Led by Jin Pao SC, and with Josh Baker.
Civil and Commercial
AB v X & Ors  1 HKLRD 1259
Setting aside an examination order giving effect to a letter of request in US regulatory action. With Josh Baker.
Confidential commercial arbitration
Dispute relating to cryptocurrency trading (USD 9-figure claims and counterclaims). With Geoffrey Yeung.
Certain Underwriters at Lloyds of London & Ors v Syrian Arab Republic & Ors. CL-2015-000667 (Commercial Court, London)
Application on behalf of the insurers for disclosure of UK assets belonging to the Syrian Government and certain officials to enforce a judgment in respect of a 1985 State-sponsored hijacking of an EgyptAir Flight. Led by Anthony Peto QC.
Merck KGaA v Merck Sharp & Dohme Corp & Merck Sharp & Dohme (Asia) Limited, HCA 1087/2018
Ongoing trademark / contractual dispute before the Hong Kong High Court (with connected litigation in numerous other jurisdictions)
Sang Cheol Woo v Funvest Global Pte Ltd & Ors, HCMP 847/2020 (CFI, settled)
Setting aside injunctive relief given in aid of Singapore proceedings. With Valerie Tang.
Indian Overseas Bank v Seabulk Systems & Ors  HKCFI 112 (Court of First Instance)
Trial relating to bank guarantees, loss of security, in connection with a turnkey construction project.
Advising a technology company in share dispute concerning 3% of its shares (company valued at over USD 10 billion)
ST otherwise SST v MFP  HKFC 168 (Family Court)
Representing the ex-wife at trial; resisting former husband’s application to vary maintenance downwards; varying ex-wife’s maintenance upwards.
Re LH and Another  3 HKLRD 707 (CFI)
Surrogacy; application for prior approval of agency expenses under section 12(7) of the Parent and Child Ordinance (Cap. 429). With Samantha Lau.
CWYL v LTYE  5 HKLRD 583 (Court of Appeal)
Setting aside a ‘stop order’ preventing the husband from leaving Hong Kong on grounds of undue interference with the right to work. Led by Jeremy Chan, and with Vivien Leung.
Leung Wing Yee Asther v Kwok Yu Wah & Anor (2015) 18 HKCFAR 605 (Court of Final Appeal)
Ancillary relief; trusts. Establishing beneficial ownership in shares of family company. Led by Charles Sussex SC.
Z v X v C  HKFLR 263 (Court of Final Appeal, written submissions)
Ancillary relief; establishing Husband’s beneficial ownership of BVI bearer shares worth over HK$500,000,000.
SA (formerly SA) v SPH, CACV 99/2012, 8 February 2013 (Court of Appeal)
Prenuptial agreements; successfully resisting forum non-conveniens stay. Led by Russell Coleman SC.
HKSAR v Rurik George Caton Jutting  HKCA 5 (Court of Appeal)
British banker charged with double murder; diminished responsibility. Led by Gerard McCoy SC.
HKSAR v Yahoo! Hong Kong Ltd (Magistrates’ Court)
Product liability of an online e-commerce platform.
Chong Shue Weng Derek v HKSAR (2010) 13 HKCFAR 441 (Court of Final Appeal, Appeal Committee)
Human rights; less favourable immigration treatment for gay couples; sham marriage; immigration fraud. Led by Philip Dykes SC.