梁卓然 資深大律師

PRACTICE

David was admitted as a solicitor in 1992 in Hong Kong, primarily focusing on civil litigation practice covering a broad range of cases including personal injuries and employees’ compensation (both for Plaintiffs and Defendants), matrimonial, conveyancing, vendor and purchaser summons and Mareva injunctions. As advocate, he has appeared in Order 14 applications, contested custody and maintenance proceedings, employees’ compensation trials and over 50 trials in the Magistrates’ Courts.

In 1995, David joined the Prosecutions Division (PD) of the then Legal Department as a prosecutor. In his 25 years of work in PD, David has worked in almost every aspect of prosecutorial work and accrued a wide range of experience in advising and conducting criminal cases. David is particularly experienced in conducting both trials and appeals at all levels of courts. He has prosecuted around 30 jury trials, many trials in the District Court and Magistrates’ Courts, and over 500 criminal appeals. Many of the trials which David prosecuted involved multiple defendants and complicated factual and legal issues. His areas of expertise include SFC cases, commercial fraud, cybercrime, digital evidence, human rights and constitutional arguments, appeals, reviews of sentences and costs in criminal cases.

David took silk in 2015. He was appointed to head and lead the PD as the Director of Public Prosecutions of the Department of Justice in 2017 and there he remained until 2020.

David commences private practice in 2022.

David has taught criminal procedure and advocacy classes at the University of Hong Kong for many years. He is a regular trainer of the Pupils Advocacy Program and Prosecution on Fiat Training Program run by the Hong Kong Advocacy Training Council. David has also assisted as trainer in advocacy training programs in London, Brunei, Dublin and Fiji.

*acknowledged by The Doyle’s Guide for Leading Criminal Law Barristers – Hong Kong in the “Recommended Senior Counsel” category (2023 & 2024)

NOTABLE CASES

HKSAR v 梁偉堂 HCMA 249/2023 (MA) (Appeal against conviction and sentence, fraud, knowledge of falsity, inference to be drawn from primary evidence)

HKSAR v 葉燿鋒 HCMA 434/2022 (MA) (Appeal against sentence, cruelty to animals, CSO)

HKSAR v 張士宏 HCMA 27/2023 (MA) (Appeal against sentence, failure to pay wages on time, CSO, scope of comments of probation officer in compiling CSO report)

HKSAR v Lung Siu Chuen CACC 279/2021 (CA) (Right to a fair trial, vacant possession)

HKSAR v 黃証鴻 DCCC 188/2022 (District Court sentence) (Unlawful sexual intercourse with a girl under 16, newton inquiry)

HKSAR v Federal Express Limited HCMA 28/2022 (MA) (The standard and burden of proof of the statutory defence under section 7(3) of the Import and Export Ordinance)

Re Mr David Perry QC HCMP 2221/2020 (CFI) (Ad Hoc Admission)

HKSAR v Ngan Wing Chau [2021] 1 HKLRD 488 (CA) (Murder appeal on the proper direction to the jury on possible alternative defence)

HKSAR v Lui Tsun Sum & others [2021] 4 HKLRD 148, 171 (CA) (The Court summarized the relevant principles regarding doli incapax)

Secretary for Justice v Leung Kwok Hung [2020] 3 HKLRD 190 (CA) (Scope of the privileges and immunities of the Legco member under BL77 and sections 3 and 4 of the Legislative Council (Powers and Privileges) Ordinance.  Constitutionality of the offence under s 17(c) of the LC(PP)O)

HKSAR v Leung Tin Kei & others [2020] 4 HKLRD 428, 462 (CA) (Whether common purpose is an element of the offence of riot and sentencing principles regarding riot)

HKSAR v Wong Cho Shing & others DCCC 980/2015 (District Court trial), CACC 38/2017 (CA), (2020) 23 HKCFAR 153 (Appeal Committee) (A wounding case committed by 7 police officers, test for admissibility of digital evidence)

HKSAR v Chau Yui Ming (2019) 22 HKCFAR 368 (CFA) (The Court reviewed the legal principles regarding alternative verdicts, particularly those not being lesser offences)  

HKSAR v Ng Man Yuen Avery (2019) 22 HKCFAR 241 (Appeal Committee) (The Court reiterated that every party, both defence and prosecution, has the right to be heard)

HKSAR v Cheng Ka Yee & others (2019) 22 HKCFAR 97 (CFA) (Statutory interpretation of the scope of the offence of obtaining access to a computer with a view to dishonest gain under section 161(c) of the Crimes Ordinance)

HKSAR v Tai Yiu Ting & 8 others DCCC 480/2017 (Occupy Central Movement trial in the District Court)

Re Mr Jonathan Caplan QC HCMP 1262/2018 (CFI) (Ad hoc admission)

Secretary for Justice v Wong Chi Fung & others (2018) 21 HKCFAR 35 (CFA) (The Court examined to what extent the Court of Appeal can reverse, modify, substitute or supplement the factual basis of the original sentence in SJ’s application for review of sentence under section 81A of the Criminal Procedure Ordinance)

HKSAR v Wan Thomas & another [2016] 5 HKLRD 656 (CA), (2018) 21 HKCFAR 214 (CFA) (Statutory interpretation of the regime under the Prison Rules on the scope of persons visiting prisoners on remand awaiting trial)

Secretary for Justice v Wong Chi Fung & others [2018] 2 HKLRD 657, 699 (CA) (The Court laid down sentencing principles regarding the offence of unlawful assembly)

HKSAR v 莫嘉濤 & 8 others DCCC 901/2016 (Trial in the District Court of the riot which took place in 2016)

Nguyen Anh Nga v HKSAR (2017) 20 HKCFAR 149 (CFA) (Proper direction on the drawing of inferences)

Jiang Hai Pu v The Department of Justice [2016] 5 HKLRD 184, 197 (CA) (Whether a review of taxation of costs order under section 21 of the Costs in Criminal Cases Ordinance is a final and conclusive judgment)

HKSAR v Lau Shing Chung Simon (2015) 18 HKCFAR 50 (CFA) (Admissibility of records of smartphone text messages – whether it was hearsay or required to be in conformity with section 22A of the Evidence Ordinance)

HKSAR v Koo Sze Yiu & another [2014] 4 HKLRD 565, 582 (MA), (2014) 17 HKCFAR 811 (Appeal Committee) (Whether the offence of desecrating the regional flag, contrary to section 7 of the Regional Flag and Regional Emblem Ordinance, infringes the right to hold opinions without interference under Article 16(1) of the BORO, Article 19 ICCPR and is therefore inconsistent with BL39 and unconstitutional)

Secretary for Justice v Ng Siu Lun CACC 304/2013 (CA) (Proper approach in an application for discharge under s16 of the Criminal Procedure Ordinance)

HKSAR v Li Jialin DCCC 1282/2010 (District Court trial), [2014] 2 HKLRD 538 (CA) (Meaning of “price” for the purpose of the offence of price rigging contrary to section 296(1)(a) of the Securities and Futures Ordinance)

HKSAR v Wong Kwok Wai (2013) 16 HKCFAR 191 (Appeal Committee) (Test for “acting in collusion” with a money lender under section 29(10) of the Money Lenders Ordinance)

HKSAR v Leung Kwok Chi [2013] 3 HKLRD 451 (CA) (SJ’s application for review of sentence for an offence of possession of arms and ammunition without a licence)

HKSAR v Au Yeung Lai Hung Doris [2013] 3 HKLRD 576, 586 (CA) (Meaning of “unnecessary and improper” under section 17 of the Costs in Criminal Cases Ordinance)

HKSAR v Hsu Ming Mei [2013] 1 HKLRD 286 (CA) (Complicated case of theft and access to computer with dishonest intent to cause loss to another.  Identified an appeal ground/argument not raised by the applicant.  Application of proviso)

HKSAR v Chan Pak Hoe Pablo HCMA 754/2010 (MA), (2012) 15 HKCFAR 244 (CFA)
(A case of insider dealing.  Statutory interpretation of section 104 of the Magistrates Ordinance – can a magistrate review the sentence with a pending appeal against conviction)

HKSAR v Fu Kor Kuen Patrick & another CACC 179/2010 (CA), (2012) 15 HKCFAR 524 (CFA), led by Mr Kevin Zervos SC (A case of false trading. Statutory interpretation and the burden of proof of the defence under section 295(5) and (7) of the Securities and Futures Ordinance)

HKSAR v Muhammad Riaz Khan CACC 125/2003 (CA), (2012) 15 HKCFAR 232 (CFA), led by Mr Kevin Zervos SC (Test for admissibility of evidence obtained in breach of the defendant’s fundamental rights under the Basic Law or the Bill of Rights)

HKSAR v Chan Kim Chung Nelson [2012] 2 HKLRD 263 (CA) (Principles of sentencing a predicate offence and a connected offence of money laundering)

Secretary for Justice v William Ng Esq. A Coroner [2011] 1 HKLRD 283 (CFI) (Proper approach in an application under section 20 of the Coroners Ordinance for a death inquest to be held)

PUBLICATIONS

Annotated Ordinances of Hong Kong on Costs in Criminal Cases Ordinance, Cap. 492 (1997 and 2007)

Contributing author of Hong Kong Archbold 2004

Contributor of Chapter on Hong Kong, Electronic Evidence: Disclosure, Discovery Admissibility, (2007) LexisNexis, Butterworths

Contributor of Chapter on Advocates’ Immunity, Professional Conduct and Risk Management in Hong Kong (2007) Sweet & Maxwell Asia

Contributor of Chapter on Hong Kong, Electronic Evidence: Disclosure, Discovery & Admissibility, 2nd Edition (2010) LexisNexis, Butterworths

APPOINTMENTS AND PUBLIC OFFICE

Honorary Lecturer, Department of Professional Legal Education, Faculty of Law, HKU (2000 – 2021)

Member of the Double Jeopardy Sub-Committee, Law Reform Commission, Hong Kong (2006 – 2011)

Member of the Judicial Studies Board (2010 – 2012)

Adjunct Professor, Department of Professional Legal Education, Faculty of Law, HKU (2015 – 2021)

Honorary Lecturer, Department of Professional Legal Education, Faculty of Law, HKU (2022 - 2024) 

Member of Executive Committee of the Hong Kong Advocacy Training Council (2023-present)