HKSAR v. WONG SAI CHEUNG

HCMP747/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 747 of 2001

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J U D G M E N T

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1. This is an application by Mr Nigel Pleming QC for admission to the Hong Kong Bar. It is proposed to brief Mr Pleming to appear on behalf of the Director of Education in the proceedings HCAL 1555/2000 in the Constitutional and Administrative List to be heard on 14 May 2001. If admitted, Mr Eric Shum, junior counsel of the local Bar would be instructed to appear together with Mr Pleming at the hearing.

2. The proceedings involve complicated and important issues and legal points on the law relating to unlawful sex discrimination under the Sex Discrimination Ordinance. The judgment from these proceedings will have a significant impact on the development of local jurisprudence on sex discrimination and the Government's future policy on primary school examinations and allocation of secondary school places.

3. Mr Pleming took silk in April 1992 and is specialised in administrative and public law including interpretation and application of statutes. He had been admitted as a barrister in Hong Kong on two previous occasions in March and November 2000 in proceedings involving disability discrimination in which he represented the Government. It is submitted on behalf of the applicant that suitable local Senior Counsel with the requisite expertise in this area of law is not available and it is therefore necessary to brief overseas Senior Counsel expert in this field.

4. Both the Secretary for Justice and the Bar Association have indicated they have no objection to the admission of Mr Pleming for the purpose stated in the amended notice of motion.

5. I am satisfied that the proceedings may involve complicated legal principles which may have a significant impact on the development of local jurisprudence in the field of sex discrimination and Mr Pleming is a counsel of sufficiently high quality and standing to handle the case concerned and it is in the public interest that he should be admitted for the stated purpose. Accordingly the application is granted and I make an order in terms of the amended notice of motion.