Tim Parker

The Applicant, an asylum seeker, had been held in immigration detention for over 3 years and 3 months at Castle Peak Bay Immigration Centre following a term of imprisonment for blackmail in 2018. The Court of Appeal found that the Applicant’s detention was in breach of the ‘Hardial Singh Principles’ because (i) it had gone on for a period of time that was unreasonable in all the circumstances, and (ii) his removal could not be effected within a reasonable time. Mr Singh’s detention had therefore become unlawful, and he was entitled to immediate release. The judgment contains a number of significant developments in the application of the ‘Hardial Singh Principles’. Tim appeared for Mr Singh, instructed by Mohnani & Associates. Please see the judgment here.

The Commercial Court ordered a UK bank to disclose whether it holds funds on behalf of the Syrian Arab Republic, Syrian Airforce Intelligence, President Bashar Al-Assad and Gen Muhammad Al Khuli (former Chief of Syrian Airforce Intelligence). Tim acted for the claimants.

Judicial review proceedings brought to challenge the proposed Extradition Law which would allow extradition from Hong Kong to other parts of the PRC. Acted for the Applicant, led by Lord Pannick QC. Shortly before the hearing in Hong Kong, the Bill was withdrawn because of protests.

The Court of Appeal of the Cayman Islands (Goldring P, Field and Morrison JJA) allowed the Government’s appeal. Tim acted for the Deputy Registrar and Attorney General.

Advice re: an ongoing matter before the International Court of Justice (2017).

Advice re: an intended action before the International Court of Justice (2016).

Establishing circumstances in which mandated refugees enjoy right to work. With Michael Fordham QC.

Treaty reservations; domestic incorporation of ICCPR; constitutional law; successfully arguing unlawfulness of removal where a risk of inhuman or degrading treatment.

Junior Counsel for UNHCR. Establishing that the HKSAR, a non-party to the Refugee Convention, may not lawfully return or expel mandated refugees.

Legal Consultant to Mr. Stanišić.

Judicial review proceedings brought to challenge the proposed Extradition Law which would allow extradition from Hong Kong to other parts of the PRC. Acted for the Applicant, led by Lord Pannick QC. Shortly before the hearing in Hong Kong, the Bill was withdrawn because of protests.

Appearing for Greater Bay Airlines (“GBA”) before the Air Transport Licencing Authority (“ATLA”) at the private inquiry hearing of GBA’s application for a licence to operate as a commercial airline. The licence was granted by ATLA and makes way for GBA to operate scheduled passenger and cargo flights on up to 104 specified routes at an unlimited frequency to and from Hong Kong International Airport.

The Court of Appeal discharged a Prohibition Order restraining the Respondent / ex-husband from leaving Hong Kong on the ground that the travel restriction disproportionately interfered with his freedom of movement under Article 31 of the Basic Law and his common law right to work. Tim acted pro bono for the successful Respondent.

The High Court of Hong Kong found that the existing mechanism for handling misconduct complaints against police officers was constitutionally deficient. The mechanism, which is managed by a department within the Hong Kong Police Force, lacked independence and impartiality and fell short of the requirements of Article 3 of the Hong Kong Bill of Rights (which prohibits cruel, inhuman or degrading treatment or punishment). The Court also found that the Commissioner had acted unlawfully by failing to prevent officers deploying on public order duties without clearly visible, unique identity markings. Tim Parker acted pro bono for the Hong Kong Journalists Association. Please see the judgment here.

The HK Court of Final Appeal held, in an important decision on judicial review procedures, that out-of-time judicial review applicants who are refused an extension of time at first instance may appeal to the Court of Appeal as of right. The Court overruled a line of earlier Court of Appeal authorities to the contrary. The Court further held that it had jurisdiction to hear appeals in such cases, and that the bar on bringing an appeal to the top Court against a decision refusing leave to appeal to the Court of Appeal did not apply, since the applicants had not needed leave in the first place.

Application for judicial review against the Housing Authority’s (“HA”) policy to exclude same-sex couples from eligibility to apply for Public Rental Housing (“PRH”) as “Ordinary Families” under the “General Application” category (the “Spousal Policy”). Tim acted for the successful applicant.

Acted for GSISAL in their application for a declaration that the German language restrictions contained in its Articles of Association (“the Articles”) infringe the Race Discrimination Ordinance (Cap. 602) (“the RDO”).

The Court of Appeal of the Cayman Islands (Goldring P, Field and Morrison JJA) allowed the Government’s appeal. Tim acted for the Deputy Registrar and Attorney General.

Represented QT in a landmark discrimination case in the Hong Kong Court of Final Appeal (with Dinah Rose QC). The Court ruled that the Director of Immigration acted unlawfully by excluding a same-sex couple from his policy of granting dependant visas to the spouses of employment visa holders.

Appeal to the Privy Council from the Cook Islands concerning the 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.

Securities regulation; human rights; transmission of compelled testimony to overseas regulator for use in criminal proceedings.

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

Police abuse of democracy protester; judicial review against failure to disclose identity of police officer suspects.

Freedom of choice of occupation; Barrister challenging constitutionality of the Bar Code of Conduct prohibition on subsidiary occupations.

Human rights; fair hearing before an independent and impartial tribunal; successful constitutional challenge to prison disciplinary proceedings resulting in loss of days.

Establishing circumstances in which mandated refugees enjoy right to work. With Michael Fordham QC.

Whether Court of Final Appeal had jurisdiction to overturn its own judgment acquitting accused; successfully arguing Court should not exercise implied power.

Junior Counsel for UNHCR. Establishing that the HKSAR, a non-party to the Refugee Convention, may not lawfully return or expel mandated refugees.

Treaty reservations; domestic incorporation of ICCPR; constitutional law; successfully arguing unlawfulness of removal where a risk of inhuman or degrading treatment.

Constitutional law; principle of legality; right to silence; compelled testimony.

Successful challenge against refusal of a liquor licence.

Inland revenue judicial review re tax liability in excess of HK$ 330,000,000. 

Successful judicial review challenge to the test for the grant of criminal legal aid.

Challenge to immigration policy precluding espousal of asylum claims until permission to remain had expired.

The first case before the Hong Kong Competition Tribunal.

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

Appearing for Greater Bay Airlines (“GBA”) before the Air Transport Licencing Authority (“ATLA”) at the private inquiry hearing of GBA’s application for a licence to operate as a commercial airline. The licence was granted by ATLA and makes way for GBA to operate scheduled passenger and cargo flights on up to 104 specified routes at an unlimited frequency to and from Hong Kong International Airport.

The Commercial Court ordered a UK bank to disclose whether it holds funds on behalf of the Syrian Arab Republic, Syrian Airforce Intelligence, President Bashar Al-Assad and Gen Muhammad Al Khuli (former Chief of Syrian Airforce Intelligence). Tim acted for the claimants.

Ports machinery construction contracts; bank guarantees; loss of security.

Breach of chargee's duties; sale at an undervalue; security for costs.

Commercial law; insurance; whether policy avoided.

Commercial contract; personal guarantee; striking out.

Bankers’ bonuses; successfully contending for implied anti-avoidance terms barring capricious denial of contractual bonuses.