Mr Harris, instructed by Messrs Linklaters
HCMP 1675/2001
HCMP001675/2001
HCMP1675/2001
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 1675 of 2001
_______________
IN THE MATTER OF the Application of IAIN MILLIGAN Q.C., a Barrister and a Member of the Honourable Society of Inner Temple for admission as a Barrister of the High Court of the Hong Kong Special Administrative Region
and
IN THE MATTER OF Section 27 of the Legal Practitioners Ordinance, Chapter 159 of the Laws of Hong Kong
Coram: Hon Leong CJHC in Court
Date of Hearing: 3 April 2001
Date of Judgment: 3 April 2001
J U D G M E N T
1. This is an application by Mr Iain Milligan QC for admission pursuant to section 27(2) of the Legal Practitioners Ordinance, Cap.159 for the purpose of advising upon, and appearing on behalf of the Government in HCCT No.11/2001 on the application of Swire for leave to appeal and, should leave be granted, at the hearing of the appeal.
2. The notice of originating motion was filed on 27 March 2001. The hearing date of the application of Swire has been fixed on 10 April 2001. Given the urgency of the matter, the applicant applied to the Chief Justice on 27 March 2001 for an abridgment of the time provided under Rule 8(1) of the Admission and Registration Rules, Cap.159. The Chief Justice on the same day granted abridgment of time to enable the present application to be made today.
3. Mr Milligan was called to the Bar in July 1973 and was appointed a Queen's Counsel in 1991. He is an expert in arbitration law and procedure. He has been advising the Government since the commencement of the arbitration in 1998 and was leading counsel at the arbitration hearing. It is submitted that given the complicated factual issues in the case and Mr Milligan's involvement giving him a uniquely detailed knowledge of the underlying facts and applicable law, it would be in the public interest to admit Mr Milligan for the purpose stated in the notice of motion.
4. Both the Bar Association and the Secretary for Justice have indicated their consent to Mr Milligan's admission.
5. Having regard to the nature of the case and the legal issues involved and that Mr Milligan is a counsel of sufficiently high quality and standing to handle the case concerned, I am satisfied that it is in the public interest to admit Mr Milligan to the Hong Kong Bar for the stated purpose. The application is therefore granted and I make an order in terms of the notice of the originating motion.
Representation:
Mr Harris, instructed by Messrs Linklaters for Applicant
Representative of Secretary for Justice, absent
Representative of Hong Kong Bar Association, absent