Region Area

Barristers

Carter Chim

Carter Chim

Career

As a recipient of the British Chevening Postgraduate Scholarship, Carter read competition law at King’s College London, where he received a LLM in Competition Law (Distinction). From 2015 to 2016, he was appointed as a Legal Counsel to the Competition Commission (Hong Kong), during which he furthered his studies in competition law and was awarded the Postgraduate Diploma in Economics for Competition Law from King’s College London. During his tenure, he also acted as the first case manager for the Competition Commission in its first public enforcement action in Competition Commission v Nutanix Hong Kong Ltd v Others (CTEA 1/2017).

In 2016, Carter returned to Denis Chang’s Chambers and has since been regularly accepting instructions on competition matters.  His previous or present clients include, among others, some of the respondents in Competition Commission v W Hing Construction Co Ltd and Others (CTEA 2/2017), Competition Commission v TH Lee Book Co Ltd and Others (CTEA 2/2020) and Competition Commission v Linde HKO and Others (CTEA 3/2020).

In addition to his legal practice in this area, Carter also taught competition law at The Chinese University of Hong Kong from 2016 to 2019, and has been serving as a senior lecturer at The University of Hong Kong since 2019.  He was also appointed as a non-governmental advisor to the International Competition Network during 2018 to 2022.  Currently, he is a member of the Hong Kong Bar Association’s Special Committee on Competition Law.

CONSTITUTIONAL AND ADMINISTRATIVE LAW

Carter has acted in a number of landmark constitutional and administrative law cases before the Hong Kong Court of Final Appeal, including Secretary for Justice v Leung Kwok Hung [2021] HKCFA 32 (concerning the scope of parliamentary privilege enjoyed by a member of the Legislative Council in the course of proceedings); Leung Kwok Hung v President of the Legislative Council (No 1) (2014) 17 HKCFAR 689 (autonomy of the Legislative Council in conducting the business of its internal affairs); Leung Kwok Hung v President of the Legislative Council (No 2) (2014) 17 HKCFAR 841 (legal principles governing legal costs in an application for judicial review); Ho Chun Yan, Albert v Leung Chun Ying (2013) 16 HKCFAR 735 (lawfulness of the Chief Executive Election in 2012).  He also represented the successful defendants in Turbo Top Ltd v Lee Cheuk Yan & Ors [2013] 3 HKLRD 41, in which the plaintiff failed to obtain an interlocutory injunction to restrain the defendants from protesting and keeping temporary structures in a public open space.

Carter also taught constitutional law and administrative law at various local universities, namely, The University of Hong Kong (2013 – 2015), The City University of Hong Kong (2014 – 2015), and The Chinese University of Hong Kong (2016 – 2019).

CRIMINAL LAW

Carter secured successful outcomes for the defendants before the Hong Kong Court of Final Appeal in HKSAR v Chow Nok Hang & Anor (2013) 16 HKCFAR 837 (concerning the elements of the offence of “disorder in public places” under section 17B of the Public Order Ordinance, Cap. 245) and HKSAR v Lo Kin Sun (2021) 24 HKCFAR 11 (established that there was a departure from the accepted norms concerning the conduct of the defendant’s trial where he was unrepresented, denying him the right to a fair trial and rendering his conviction unsafe and unsatisfactory).

Carter was also instructed by the Prosecution in the landmark case concerning misconduct in public office and bribery in HKSAR v Raphael Hui & Ors (HCCC 98/2013).  Subsequently, Carter successfully defended the defendant in another case concerning misconduct in public office: HKSAR v Leung Kwok Hung (DCCC 546/2016).

Carter regularly appears in the magistrates’ courts as a counsel-on-fiat for the prosecution and a duty lawyer for the defendants.

COMMERCIAL AND PROPERTY DISPUTES

General civil matters form a core part of Carter’s practice. Matters which he is regularly instructed to handle include winding up petitions (for the successful petitioner in Re Yuan Tong Global Financial Group Ltd [2021] HKCFI 1534), water leakage cases, property disputes, discrimination cases, and more.

With his expertise in property disputes and other general civil matters, Carter was appointed to teach Land Law I & II in The University of Hong Kong during 2019- to 2021. Currently, he teaches Civil Procedures and Clinical Legal Education at The University of Hong Kong.

Memberships

Member, Disciplinary Committee Panel, Social Workers Registration Board (2023 – present)

Non-Governmental Advisor, International Competition Network (2018 – 2020)

Legal Counsel, Competition Commission (Hong Kong) (2015 – 2016)

Committee Member, Committee on Competition Law, Hong Kong Bar Association (2012 – present)

Education

Postgraduate Diploma in Economics for Competition Law, King’s College London (2016)

LLM in Competition Law, King’s College London (Distinction) (2011)

PCLL, The University of Hong Kong (2010)

LLB, The University of Hong Kong (2009)

BSocSc (Government & Laws), The University of Hong Kong (2007)

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