Peter Duncan SC
"Excellent reputation in all levels of criminal courts in Hong Kong. Expert in white-collar crimes particularly ICAC and SFC cases. " - The Legal 500
Peter practised in New Zealand before moving to Hong Kong in 1973 to join the Attorney General’s Chambers as Crown Counsel. In that capacity he prosecuted at all levels of the courts, assisted the Commission of Inquiry into the Sek Kong Disaster and regularly engaged in appellate work.
Shortly after the inception of the ICAC in 1974, he became one of its first “in house” counsel.
In 1983, Peter joined the Hongkong Land Company Limited as Group Legal Manager. In 1990, he was appointed Regional Counsel with Dow Chemical Pacific Limited, managing its contentious business affairs.
Peter left the commercial sector to join the Bar in 1998 and was appointed Senior Counsel six years later. He has since developed a substantial practice in criminal law with an emphasis on “white collar” crime – in particular, cases arising from investigations of the ICAC, the Securities and Futures Commission and the Commercial Crime Bureau of the Hong Kong Police. He has also appeared in a number of High Court civil/commercial litigation cases and also acts as an arbitrator. Peter has been a Fellow of the Chartered Institute of Arbitrators for many years.
Peter has significant experience in market misconduct and disciplinary/regulatory matters. He has appeared as counsel in a number of Market Misconduct Tribunal hearings and related appeals.
Peter has also sat as a Deputy High Court Judge of the Court of First Instance.
Peter also specialises in industrial and environmental cases intrigued by the Labour and Environmental Protection Departments.
In recent times Peter appeared as counsel for the commission in the Public Enquiry into Bus Accidents in Hong Kong.
Peter is Chairman of the Law Reform Sub-committee charged with reporting on “Sexual Offences in Hong Kong”.
Beyond the law Peter has been heavily involved in sports development in Hong Kong, Rugby Union in particular. He is currently the President of the Hong Kong Rugby Union.
HKSAR v. Nayab Amin and Ors, CACC 341/2017: guidance on the tests and procedures involved in dealing with a claim of informer privilege
HKSAR v Harjani Haresh Murlidhar, FACC 17/2018: meaning of “having reasonable grounds to believe that any property… represents any person’s proceeds of an indictable offence”, together with associated questions arising from the provisions of S.25 of the Organised and Serious Crimes Ordinance, cap 455).
HKSAR v Mak Wan Ling (2019) HKCFAR 87: gross negligence manslaughter – mens rea
HKSAR v Ho Hung Kwan Michael (2013) 16 HKCFAR 525: “seriousness” in “misconduct in public office” – appeal allowed
HKSAR v Fu Kor Kuen, Patrick (2012) 15 HKCFAR 524: alleged false or misleading appearance of active trading: S.295 of the Securities and Futures Ordinance – appeal allowed)
Solicitor (24/07) v The Law Society of Hong Kong (2008) 11 HKCFAR 117 – appeared as counsel for the Law Society of Hong Kong in the Court of Final Appeal in a case which has become a leading authority on the standard of proof in civil cases.
Koon Wing-yee v Insider Dealing Tribunal (2008) 11 HKCFAR 170 – appeared as counsel for the Financial Secretary in a case concerning the application of the Hong Kong Bill of Rights to Financial Services matters.
Paquito Lima Buton v Rainbow Joy Shipping Ltd. Inc. (2008) 11 HKCFAR 464 (the possible effect of an arbitration agreement on the provisions of the Employment Compensation Ordinance, Cap. 282).
Chou Shih-bin v HKSAR (2005) 8 HKCFAR 70: appeals from the Magistracy are by way of a rehearing.
A.G. v Humphreys Estate (Queen’s Gardens) Ltd.  AC 114 – acted as instructing solicitor in a celebrated case on the doctrines of estoppel and “subject to contract”.
Kwan Ping-bong v R.  AC 609 – appeared as junior counsel in this landmark decision relating to the drawing of inferences in criminal cases.