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Simon So

Call: 2018

E-mail: [email protected]

Tel : (+852) 2540 2321

Simon So is a versatile advocate who enjoys a criminal and civil practice.

In his criminal practice, he had been instructed as sole advocate at all levels of courts, ranging from the Magistracy to the Court of Final Appeal, ranging from offences against the persons, sexual offences, white-collar crimes, dangerous drug offences, triad-related offences, public order offences, and industrial summonses.

In his civil practice, he had the experience of conducting a 47-day inquiry before the Commission of Inquiry into the Construction Works at and near the Hung Hom Station Extension under the Shatin to Central Link (SCL) Project, representing a subcontractor who was the whistle-blower of malpractice in the SCL Project. He is also regularly instructed to attend trials and civil appeals (including appeals against in the labour tribunal) as sole advocate.

In addition to his busy practice, he was the author of textbooks in the field of criminal law and law of evidence.

Simon So is a Bar Scholar and a Patrick Yu Scholar (for criminal litigation).

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Qualification / Scholarship
  • Patrick Yu Scholarship (2022) (For Criminal Litigation)
  • Bar Scholarship (2018)
  • Fellow, Chartered Institute of Arbitrators (2018) 
  • Fellow, Hong Kong Institute of Arbitrators (2018) 
  • List of Arbitrators, Hong Kong Bar Association 
  • Lecturer, Department of Law and Business, Hong Kong Shue Yan University (2020 – 2024) 
    Fractional Full Time Lecturer (2023 – 2024): Lecturer of Company Law, Criminal Procedure, Law of Evidence; Part Time Lecturer (2020-2023): Lecturer of Company Law, Civil Procedure, Law of Evidence, Mooting and Advocacy 
  • Simon So, ‘Ch 9 Documentary and Real Evidence’ and ‘Ch 13 Evidence of Similar Facts’ in Simon NM Young (ed), Archbold (Hong Kong) (Sweet & Maxwell 2020 – now)
  • Simon So, Knight and Upham : Criminal Litigation in Hong Kong (4th ed) (Sweet & Maxwell 2021)
  • Simon So, ‘Bail’ in Butterworths Hong Kong Public Order Law Handbook (LexisNexis 2020)
  • Simon So, Law of Evidence in Hong Kong (Sweet & Maxwell 2020)
  • Simon So, Criminal Law in Hong Kong (LexisNexis 2020)
  • Christopher To and Simon So, The Annotated Ordinance of Hong Kong: Apology Ordinance (Cap 631) (LexisNexis Butterworths 2018)
  • Christopher To and Simon So, ADR in Hong Kong (Sweet & Maxwell 2018) 

Selected Criminal Cases

White-Collar Offences
  • Lau Man Kin (劉文建) (FAMC 33/2021); (HCMA 284/2020) [2021] HKCFI 3078 

    Application for Leave to Appeal to the CFA. Appeal against Conviction. (Public Official – Misconduct in Public Office – Failure to Disclose Conflict of Interest)
  • Chan Fuk Yu (陳福茹) (FAMC 5/2024) (ongoing appeal against anterior question of law to principles of bail pending appeal) (HCMA 34/2024) [2024] HKCFI 1376 (ongoing) 

    Appeal against Conviction. (Evasion of liability by deception – dishonoured cheques)
  • Cheng Ka Kin (鄭家健) (DCCC 664/2023) (ongoing) 

    Trial. (Money Laundering of HK$ 5.8 million)
  • Lam Ying Lun (林英倫) & Ors (DCCC 1001/2023) (ongoing) 

    Trial. (Money Laundering of HK$ 4 million)
  • Tam Yan Hung (譚仁雄) & Pang Wai Sum Hosea (彭慧心) (DCCC 669/2020) [2020] HKDC 603 

    Trial. Acquitted with Costs. (Money Laundering of HK$ 110 million)
  • Lo Chi Fong (盧志芳) (ESCC 207/2024) (HCZZ 27/2024) 

    Peosecution withdraws charge. (Money Laundering of HK$ 21 thousand – Norwich Pharmarcal application to disclose loss report of bank card retained by bank)
  • Wong Yuk Ching Virginia (黃玉清) (ESCC 1897/2023) 

    Trial. Acqitted. (Money Laundering of HK$ 258,000)
  • Au Yeung Hoi Ho (歐陽海豪) (KCCC 119/2022) 

    Trial. Acquitted. (Deception – Provided incorrect name of wife in application form for emeregency contact person)
  • (D2) Leung Wai Ka (梁慧嘉) & (D3) Zhuang Aoling Vivonne (庄澳琳) & Anor (WKCC 1323/2020) 

    Trial. Acquitted. (Providing Advantages to a Police Officer)
  • Law Chun Kit (羅鎮傑) (FAMC 30/2021) ; (HCMA 385/2020) [2021] HKCFI 2893 

    Application for Leave to Appeal to the CFA against Re-trial Order. Appeal against Conviction. Appeal allowed with costs. (Audio-impaired Defendant – Assaulting a Police Officer)
  • Lai Kan Yau (黎謹友) (CACC 177/2021) [2022] HKCA 1777 (ongoing)
    Leave to Appeal against Conviction. (Murder – Post-offence Conduct) With Prof Simon Young Esq.
  • So Hon To Stephen (蘇瀚韜) (CACC 39/2022) (ongoing) 

    Leave to Appeal against Conviction and Sentence. (Conspiracy to Murder) With Prof Simon Young Esq.
  • Yau Kam Lung (邱金龍) (HCMA 21/2020) [2020] HKCFI 2436 [2021] 2 HKLRD 340
    Appeal against Conviction. Appeal allowed with costs. (Common Assault – Failure of Magistrate to Consider Inherent Improbability)
  • Huang Weiping (黃維平) (WKCC 1748/2023) 

    Trial . Acquitted with Costs. (Wounding – Domestic Violence – Voice Identification – Hearsay)
  • Law Chun Kit (羅鎮傑) (No. 2) (ESCC 2106/2022) 

    Trial . Acquitted with Partial Costs Granted. (Audio-impaired Defendant – Assaulting a Police Officer – Alleged confession ruled inadmissible – Accident – Time limit for retrial and preliminary arguments on statutory time limit – Permanent stay of proceedings)
  • Yim Hoi Pan Jacky (閆海斌) (ESCC 2802/2021) 

    Trial . Acquitted with costs. (Wounding – Gang fight – Identification – Admissibility of ID Parade)
  • Chow Yau Ching (周祐正) (ESCC 1911/2022) 

    Trial . Acquitted with Costs. (Obstructing Police Officer – Resisting Police Officer)
  • Ng Yuen Chiu (伍源照) (WKCC 3633/2022) 

    Trial. No case to answer with costs. (Assault Occasioning Actual Bodily Harm – Alleged Domestic Violence – Magistrate held Complainant a “Blatant Liar”)
  • Ma Hok Lai (馬學禮) (ESCC 694/2020) 

    Trial. Acquitted. (Deaf-and-Mute Defendant – Common Assault of Correctional Services Officers – Whether accident)
  • Cheung Kam Sun (張金新) (KTCC 161/2019) 

    Trial. Acquitted. (Common Assault)
  • LS (FAMC 33/2022) ; (CACC 144/2020) [2021] HKCA 1438 

    Application for Leave to Appeal to the CFA. Leave to Appeal against Conviction (Gross Indecent Act against a Child – Misquotation of Evidence)
  • MHL (CACC 312/2019) [2020] HKCA 838  

    Renew Leave to Appeal against Conviction. Appeal allowed with costs. (Indecent Assault – Deaf-and-Mute Defendant – Accidental Touch – Failure of Judge to Consider “Accident” as a Defence)
  • Z.Q.F. (HCMA 477/2023) [2024] HKCFI 2113
    Appeal against Conviction. Bail pending appeal granted. Appeal allowed with costs.  (Indecent Assault – Trial Magistrate entering into arena)
  • Ekstrom, Patrik Tobias (許大熊) (HCCC 272/2023)
    Jury Trial. (Rape and Buggery without Consent)
  • Mui Kam Tim (梅錦添) (HCCC 334/2018) [2019] HKCFI 2807
    Jury Trial. (Rape and Buggery without Consent) With Bruce Tse Esq (as Bruce Tse SC then was).
  • Wong ** (黃**) (KCCC 1762/2024) 

    Trial. Acquitted with costs. (Indecent Assault – Criminal Damage – Accident or Intentional Touch – Credibility of complainant – Inconsistent recent complaint – Improbable res gestae)
  • TPCP (FLCC 666/2022) 

    Trial. No case to answer to Indecent Assault. Acquitted of Common Assault. (Indecent Assault – Teacher attempting to kiss a secondary school student)
  • Zhang Yanfei (張豔飛) (WKCC 5139/2021) 

    Trial. No case to answer with costs. (Managing Vice Establishment)
  • Yuen ** (袁**) (WKCC 4991/2021) 

    Trial. Acquitted with costs. (Indecent Assault – Male touching another male’s private part in MTR – Identification)
  • Ng Yip Suk Fan (吳葉淑芬) (WKCC 4664/2019) 

    Trial. Acquitted of Indecent Assault. (Indecent Assault – Elderly Lady Kissing a University Student)
  • Ng Hoi Chun (吳海俊) (CACC 85/2023) (DCCC 991/2021) [2023] HKDC 471
    Leave to Appeal against Conviction. (Trafficking in Dangerous Drugs)
  • Mok Chi Man (莫志文) (HCCC 56/2017) [2018] HKCFI 2447
    Jury Trial (Trafficking in Dangerous Drugs – 2.904 kg ICE) Led by Lawrence Lok KC SC and with Bruce Tse Esq (as Bruce Tse SC then was).
  • Chan Chun Hei (陳俊曦) (CACC 52/2022) [2023] HKCA 926 [2024] 1 HKLRD 118 [2024] 2 HKC 48 (DCCC 267/2021) [2022] HKDC 249 

    Trial. Acquitted of Trafficking in Dangerous Drugs. (Trafficking in Dangerous Drugs – Defendant Pleaded Guilty to Simply Possession only); Appeal against Forfeiture Order allowed with costs. 
  • Wang ** (王**) (WKCC 996/2024)

    Prosecution withdrew charge. (Trafficking in Dangerous Drug – Entering through HK Airport – 700g Cocaine) Led by Lawrence Lok KC SC. 
  • Tsang** (曾**) (WKCC 647/2023)

    Prosecution withdrew charge. (Trafficking in Dangerous Drug – 1.5kg cocaine, 10g ketamine, and 10g crack cocaine)
  • Lai Wai Ching (黎慧貞) (ESCC 2225/2023)

    Prosecution withdrew charge. (Trafficking in Dangerous Drug – 1.57kg ICE, 28ml liquid containing methamphetamine, and 85.17g of cannabis resin)
  • Tsang Man Tat (曾文達) (HCMA 120/2024) (WKCC 3416/2023) (ongoing)
    Appeal against Conviction. (Possession of Offensive Weapon)
  • Wong Chun Lok (黃俊樂) (HCMA 261/2023) (ongoing)
    Appeal against Conviction. (Desecration of national and regional flags)
  • Chung Chun Ho (鍾振豪) (HCMA 320/2021) [2022] HKCFI 2075 [2023] 2 HKC 506
    Appeal against Conviction. Appeal allowed with costs. (Possession of Firearm – Electric-arc Lighter – Statutory Interpretation)
  • Sze Long Felix (施朗) (DCCC 647/2023 & DCCC 367/2024) (ongoing)

    Trial. (Possession of Firearms and Ammunition)
  • Lai Chit (黎哲) (DCCC 321/2022) [2023] HKDC 1185 

    Mitigation (Inciting another to cause Griveous Bodily Harm with Intent)
  • Wong Ho Cheong Horace (王浩鏘) (WKCC 93/2023) [2023] HKMagC 8 

    Mitigation (Sedition)
  • (D1) Lam Tsz Fung (林子峰) & Ors (KTCC 1401/2021) 

    Trial. Acquitted. (Unlawful Assembly – Chanting of Slogans in Shopping Mall – Identity of the Defendant)
  • (D1) Kao Ho Wa (高號樺) & Ors (ESCC 1847/2020) 

    Trial. Acquitted. (Criminal Damage – Possession of Offensive Weapon  – Identity of the Defendant)
  • Wong Man Chuen (王文全) (KCCC 2919/2020) 

    Prosecution withdrew charge. Costs awarded. (Possession of Firearm – Electric-arc Lighter)
  • (D5) Tsui Chi Hung (徐志雄) & Anor (CACC 105/2023) (ongoing)
    Appeal against Conviction. Bail Pending Appeal Granted. (Assisting the remaining of an unauthorized entrant)
  • Lung Wing Lam (龍詠琳) (CACC 2/2023) (ongoing)

    Leave to Appeal against Conviction. (Assisting the pasasge of an unauthorized entrant) 
  • Shek So Mandy (石數) (CACC 222/2020) [2022] HKCA 103
    Leave to Appeal against Conviction (Assisting the passage of an unauthorized entrant)
  • Yuli Lia Arianti (STCC 256/2024) (ongoing)
    Trial (Breach of Condition to Stay)
  • Tsang ** (曾**) (STCC 4155/2019) 
    Trial. Acquitted with costs. (Transferring a travel document to another)
  • Li Qiming (李啟明) (STCC 1944/2019) 
    Trial. Acquitted with costs. (Breach of Condition to Stay – Visitor allegedly taking employment)
  • Lap Fung Fire Engineering Co Ltd (立豐消防工程有限公司) (HCMA 85/2024) (ongoing) 

    Appeal against Conviction. (Failure to issue Certificate to Fire Services Department)
  • Ching Ming Ho (程銘皓) (HCMA 244/2024) (ongoing appeal against costs order) (KCS 38102/2023) 

    Trial. Acquitted of Dangerous Driving (Whether accident caused by dangerous or careless driving)
  • Lee Man Wah Angel (李敏華) (HCMA 307/2023) (ongoing appeal against costs order) (KCS 35629/2022) 

    Trial. Acquitted. (Careless Driving – Hearsay)
  • Wu Li Waun Marianne (胡利雲) (HCMA 29/2021) [2022] HKCFI 382 ; (TMS 4768/2020) 

    Appeal against Costs Order. Appeal allowed with costs for trial and appeal awarded. (Careless Driving)
  • Aviation Security Co Ltd (AVSECO) (機場保安有限公司) (HCMA 52/2021) [2021] HKCFI 3427 ; (WKS 16752/2019) 

    Appeal against conviction. Appeal allowed with costs (Failing to Provide Safe System of Work – Statutory Interpretation)
 
  • Law Siu-hon (羅少韓) & Lam Chuen Hon (林泉漢) (FAMC 33/2020) [2021] HKCFA 9 (HCMA 579/2019) [2020] HKCFI 2673 [2020] HKCFI 2674 

    Application for Leave to Appeal to the Court of Final Appeal. Appeal against Conviction. (Acting as a Member of Triad Society – Hearsay – Whether principles under Kearley applicable)
  • Ko Daniel (高晨浩) (STCC 4087/2024) 

    Trial. Acquitted with costs (Claiming as a Member of Triad Society – Undercover officers – Identification)
  • Sze Long Felix (施朗) & Ors (CACC 17/2024) (ongoing) 

    Application for leave to appeal against sentence (Riot)
  • SJ v Chan Sha Sha (陳莎莎) (CAAR 3/2018) [2018] HKCA 783 

    Resisting Secretary for Justice’s application to review sentence. (Robbery) With Bruce Tse Esq (as Bruce Tse SC then was) 
  • Ho Yuk Ching (何玉清) (HCMA 335/2023) [2024] HKCFI 2015 

    Fine of HK$ 100,000 reduced to HK$ 25,000 (Operating a Gambling Establishment – Bases of sentencing when Principal Magistrate failed to fully interpret the content of the Brief Facts – Duty of court to investigate financial background of a defendant – Whether fine of HK$ 100,000 would have a “crippling effect” and/or manifestly excessive)
  • Ramos Jr, Fradjwell A (藍天真)
(HCMA 164/2023) [2024] HKCFI 1224
    Starting point of 12 months’ imprisonment reduced to 6 months’ imprisonment (Attempted to tamper a motor vehicle – Magistrate wrongly adopted statutory maximum penalty as starting point) 
  • Xu Zhao (徐照)
(HCMA 357/2018) [2019] HKCFI 669
    Fine of HK$ 25,000 reduced to HK$ 10,000 (Common Assault and Assault Occasioning Actual Bodily Harm – Whether manifestly excessive) With Bruce Tse Esq (as Bruce Tse SC then was) 
Members

Selected Civil Cases

Arbitration / Building / Construction
  • G v P (HCCT 110/2022) [2023] HKCFI 2173 [2023] 4 HKLRD 563 [2023] 6 HKC 518
    Setting aside enforcement order of arbitration award with indemnity costs granted. 
  • Ching Lee Engineering Ltd v EMT Construction Co & Anor (HCA 1488/2019) [2021] HKCFI 1517 

    Resisting appeal against master’s decision for granting unconditional leave to defend and cross appealling costs order. Distinction between granting unconditional leave to defend and dismissing O. 14 summons. Appeal against master’s order dismissed and substituted with an order dismissing the summary judgement summons. Indemnity costs allowed.
  • Ng Yan Kit Alfred v Ever Honest Industries & Ors (HCLA 3/2020) [2022] HKCFI 1834 [2022] 3 HKLRD 174 

    Appeal against Decision of Labour Tribunal. Correct test for penalty clause vs liquidated damages clause in “Golden Handshake / Golden Parachute” employment contracts. Appeal allowed with costs.
  • POMATO (小薯茄工作室有限公司) v 庄育軍 [2022] HKTMR 24 

    Opposition of Trade Mark Registration.
  • Sandhu Harpreet Singh (formerly known as Harpreet-Singh) v Lou Sai Tong (DCPI 390/2020) [2024] HKDC 469 

    Personal Injuries Trial for the Defendant. One-on-one claim with no circumstantial evidence where plaintiff motorcyclist claims defendant 7-seater collided with motorcycle’s rear. Claim dismissed with costs to the Defendant.
  • Alam Zafar v Cheuk Fung Engineering Co Ltd (DCPI 421/2018) [2022] HKDC 1346
[2022] 5 HKLRD 978
    Personal Injuries Trial for the Defendant. Quantum sought by the Plaintiff substantially reduced by the court.
  • Forever International Capital Ltd v Ng Chun Sing & Anor (HCA 138/2017) [2019] HKCFI 2796
    Resisting Defendant’s appeal against Master’s decision to enter summary judgment. Cross-appeal against Master’s decision refusing to grant post-judgment interest at contractual rate. Contractual interpretation. Appeal allowed with costs.     
  • Leung Ching Wai v (D1) Li Yun Lim, the sole executor of the estate of Ng Po Chuen, and (D2) Li Yun Lim (DCCJ 4851/2019) [2023] HKDC 459 [2023] 5 HKC 618

    Trial over ownership of a property purchased under the Green Form Scheme.
  • To Kwan Ho and Li Kwok Hoi v (Interested Party) Director of Legal Aid (Respondent) Master Lui Kin Man Simon (HCAL 895/2019) [2021] HKCFI 874

    Rolled-up Hearing of Judicial Review. Whether legal aid should be refused on the basis of “unreasonableness”. Service of writ of summons and setting aside default judgement. Deputy Registrar’s decision held Wednesbury unreasoanble.  
  • Messrs Chan & Associates v Director of Immigration & Anor (HCZZ 146/2020) [2024] HKCFI 402

    Application for Habeas Corpus and interim injunction restraining removal of a person from Hong Kong.