Tim Parker’s practice spans advocacy and advisory work in public international law, constitutional and administrative law, competition, and civil / commercial matters. He practices both in Hong Kong and the United Kingdom, where he is a member of Blackstone Chambers (profile here).

Tim was awarded the Bar Scholarship in 2008. Chambers & Partners Global (2018) ranks Tim as:

• “One of the best public law juniors around”
• “A bright star in the making for administrative law cases”

Chambers Global (2019) states that Tim “is particularly noted for his prominent handling of public law and public international law cases, including significant human rights issues“, and is “one of the go to Counsel in this space“.

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 human 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 [2018] UKPC 18 (on appeal from the Cook Islands, concerning the Constitutional status, interpretation and application of indigenous customary law in former colonial territories).

Tim has advised or acted for Governments, public authorities and private parties in public law matters in a range of other 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 Court of Appeal of the Cayman Islands in The Deputy Registrar of the Cayman Islands and The Attorney General of the Cayman Islands v Day (Chantelle) and Bush (Vickie Bodden) CICA No. 9 of 2019 (7 November 2019), and is presently acting for the Government of Gibraltar in a human rights matter before the Privy Council.

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 competition law, Tim successfully represented SiS International Limited in Competition Commission v Nutanix Hong Kong Ltd & Ors [2019] HKCT 2, the first ever case before the Hong Kong Competition Tribunal. Prior to the introduction of the Competition Ordinance (Cap. 619), Tim acted for TVB in Television Broadcasts Ltd v Communications Authority [2016] 2 HKLRD 41, in which the broadcasting sector competition law was held to be unconstitutional. Tim is a Panel Member of the Competition Commission’s Panel of External Counsel.

Tim acts in a range of other regulatory matters, including in AA v Securities and Futures Commission (No 2) [2019] 2 HKLRD 16 (CFI), a regulatory judicial review challenging, on constitutional grounds, the decision of the Securities and Futures Commission to provide an overseas regulator with testimony given under compulsion pursuant to the Securities and Futures Ordinance (Cap. 571). He has advised and acted in proceedings and investigations in connection with the Independent Commission Against Corruption, the Securities and Futures Commission, the Competition Commission, and the Stock Exchange of Hong Kong Limited.

Civil and Commercial

In the civil and commercial arena, Tim handles a variety of contractual, tortious and company disputes in Hong Kong and England and Wales. Recent work includes Indian Overseas Bank v Seabulk Systems & Ors [2018] HKCFI 112 (High Court trial of a contractual and banking dispute); advising a technology company valued at over USD 10 billion in a dispute concerning a substantial portion of its shares; interconnected proceedings before the Queen’s Bench Division in London concerning breaches of contract, deceit, malicious falsehood; and a cross-jurisdictional arbitration relating to the sale of industrial catalysts. He has also handled cases relating to insurance law (China Ping An Insurance (Hong Kong) Co. Ltd v Tsang Fung Yin Josephine & Another [2013] 6 HKC 262, Court of Appeal), guarantee disputes / sale of assets at an undervalue (Basab Inc. & Anor. v Superb Glory Holdings Ltd & Anor. CACV 256/2014, 22 May 2015, Court of Appeal), and asset tracing and recovery (Z v X v C [2012] 5 HKLRD 791, Court of Appeal).

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)

• Chairman, Hong Kong Bar Association Committee on International Law
• Chairman, Hong Kong Bar Association Committee on Constitutional Affairs and Human Rights
• 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)
• 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))

Public Law, Human Rights, Constitutional Law

Re The German Swiss International School Association Ltd [2020] HKCFI 1341 (Court of First Instance)

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 [2020] KFCFI 329 (Hong Kong Court of First Instance)

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 as “Ordinary Families” under the “General Application” category (the “Spousal Policy”).

The Deputy Registrar of the Cayman Islands and The Attorney General of the Cayman Islands v Day (Chantelle) and Bush (Vickie Bodden) CICA No. 9 of 2019, 7 November 2019 (Court of Appeal of the Cayman Islands)

Acted for the Government of the Cayman Islands in a case concerning the right of same-sex couples to marry under. The Court allowed the Government’s appeal, overturning the judgment of the Grand Court. Led by Sir Jeffrey Jowell QC and Dinah Rose QC

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

Browne v Munokoa [2018] 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

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 [2016] 2 HKLRD 41 (Court of First Instance)

Right to fair trial; successful constitutional challenge to broadcasting sector competition law. (Appeal pending). 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

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. Unled

Leung Sze Ho Albert v Bar Council of the Hong Kong Bar Association [2017] HKCFA 47 (Court of Final Appeal) (and below: [2015] 5 HKLRD 791 (CFI, unled) and [2016] 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

AA v Securities and Futures Commission (No 2) [2019] 2 HKLRD 16

Securities regulation; human rights; transmission of compelled testimony to overseas regulator for use in criminal proceedings. Led by Gerard McCoy SC

Tsang Kin Chiu v Commission of Police [2015] 4 HKLRD 71 (Court of First Instance)

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 [2012] 2 HKLRD 379 (Court of Appeal), led by Philip Dykes SC

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 [2015] 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

Z v Director of Legal Aid [2011] 4 HKLRD 362 (Court of First Instance)

Successful judicial review challenge to the test for the grant of criminal legal aid. Led by Philip Dykes SC

Andrew Brine & Anor. v Liquor Licencing Board, (Unreported), HCAL 33/2012, 31 March 2012 (Court of First Instance)

Successful challenge against refusal of a liquor license. 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

Competition Commission v Nutanix & Ors [2019] HKCT 2

The first enforcement action before the Competition Tribunal, alleging IT-sector bid-rigging. Successfully defended SiS International Ltd. See also [2018] HKCT 1, ordering discovery in favour of SiS, laying down the principles of disclosure required of the Competition Commission in enforcement proceedings.

Television Broadcasts Limited v Communications Authority and Chief Executive of the Hong Kong Special Administrative Region [2016] 2 HKLRD 41

See above

Civil and Commercial

Indian Overseas Bank v Seabulk Systems & Ors [2018] HKCFI 112 (Court of First Instance)

Bank guarantees; loss of security. Unled

Advising a technology company in share dispute concerning 3% of its shares (company valued at over USD 10 billion)

Tadjudin Sunny v Bank of America [2010] 3 HKLRD 417 (Court of Appeal)

Bankers’ bonuses; successfully contending for implied anti-avoidance terms barring capricious denial of contractual bonuses. Led by Russell Coleman SC

China Ping An Insurance (Hong Kong) Co. Ltd v Tsang Fung Yin Josephine & Another, [2013] 6 HKC 262 (Court of Appeal), unled

Insurance; whether policy avoided

Basab Inc. & Anor. v Superb Glory Holdings Ltd & Anor., unrep., CACV 256/2014, 22 May 2015 (Court of Appeal), unled

Security for costs

AOF Imaging Technology v Global Industrial Services (HK) Ltd & Anor., HCA953/2012, 28 August 2013, (Court of First Instance), unled.

Family Law

Leung Wing Yee Asther v Kwok Yu Wah & Anor (2015) 18 HKCFAR 605 (Court of Final Appeal), with Charles Sussex SC. Ancillary relief; trusts

Successfully establishing beneficial ownership in shares of family company

Z v X v C [2014] HKFLR 263 (Court of Final Appeal, written submissions), with Charles Sussex SC. Ancillary relief; property law

Successfully establishing Husband’s beneficial ownership of BVI bearer shares worth over HK$500,000,000

LWYA v KYW [2015] 2 HKLRD 1029 (Court of Appeal), unled. Ancillary relief

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

Criminal Law

HKSAR v Rurik George Caton Jutting [2018] 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. Unled

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