
李恩儀大律師
認許: 2022 (香港)
李恩儀大律師主要處理家事法相關業務。她曾於 TL 訴 ML 一案中代表第三方出庭,處理具爭議性的主訴(特別是無效婚姻)、成功推翻絕對離婚判令,處理非合適訴訟地(forum non conveniens)的申請,並申請禁制令以限制答辯人轉移資產。
在與兒童相關的案件中,李恩儀大律師曾代表未婚父親爭取其對子女的家長權利,亦曾代表未成年人士提出《財產繼承(供養遺屬及受養人)條例》下的遺產申索。她亦具備處理其他公共及私人兒童事宜的經驗,包括非親屬收養及監護令申請。
李恩儀大律師在私人客戶執業領域中亦延伸至心理健康。她熟悉《精神健康條例》的各個部分,曾代表家庭在具爭議的第 II 部申請中出庭、質疑精神健康覆核審裁處(第 IIB 部)及有條件釋放機制(第 IIA 部)中的制度性缺失。她亦曾代表患有精神問題的被告,當中包括就其是否適宜受審進行爭議,以及當其精神狀況為其抗辯的核心因素時提供辯護。
此外,李恩儀大律師亦涉獵刑事法領域,尤其是上訴事宜。她曾於香港大學法律學院的Clinical Legal Education擔任研究助理,經常協助處理囚犯就毒品罪行、暴力罪行及白領犯罪等定罪提出的刑事上訴。
電話
評價
Criminal
HKSAR v. Kwan Tat-yee (2024) 27 HKCFAR 6: appeal to the CFA against a murder conviction on two questions of law. The CFA discussed and settled the current Hong Kong position on the Liberato direction. (led by Eric Cheung, Solicitor Advocate, and Anthony Lai)
HKSAR v. Yeung Fong-chu [2024] HKCFI 569: trial on attempted murder and administering poison to commit an indictable offence. Madam Yeung suffered from active psychosis at the time of the offence, her defence at trial was insanity. She was sentenced to a hospital order for 12 months (led by Andrew Raffell).
HKSAR v. Yuen Hoi-lam [2024] HKCA 872: successful appeal against conviction, on the ground that the Prosecution had split its case (led by Eric Cheung, Solicitor Advocate, and Anthony Lai); [2024] HKCA 1121: successfully resisted the Prosecution’s application for re-trial (led by Anthony Lai)
Family and Matrimonial
黃 及 陳 [2023] HKFC 223, [2024] HKCA 311: appeared for the Respondent in her application for leave to appeal to the Court of Appeal (as sole advocate in the Family Court, and led by Ken Chan in the Court of Appeal)
FCMC 10567/2023: appeared for the Respondent in her application to set aside the Decree Absolute, on the basis that the proper procedure in MCR r 65 was not followed. Her application was successful. Also advised on seeking an injunction (under MPPO s.17(2)) to restrain the Petitioner from dissipating his lump sum pension (as sole advocate)
W,YC (formerly known as W,YC) v. T,WK and TWF [2024] HKFC 124: appeared for the Intervener in a 5-day trial on third party interest. His claim succeeded (led by Enzo Chow); [2024] HKFC 212: successfully resisting the Petitioner Wife’s application to reduce her costs liability to only 50% of the costs of the preliminary trial, despite being the unsuccessful party (as sole advocate)
Children Matters
HCMP 533/2023: appeared for the Defendant Father, and successfully applied for parental rights and guardianship order of the minor children, and de-warding of the minors. (led by Azan Marwah)
FCMP 55/2023: appeared for the Respondent Father, who opposed to the Applicant Mother’s application for interim defined care and control and access of the family child. (led by Enzo Chow)
HCMP 1759/2022: appeared for the minor’s great-aunt and great-uncle, and successfully applied for leave to make arrangements for the adoption of the minor by them. (led by Azan Marwah)
Applications under Inheritance (Provisions for Family and Dependants) Ordinance
LN, by his next friend A, LM v. LK, the Executor to the Estate of LC, Deceased[2024] HKFC 59: successfully overturned a Family Court Master’s decision in refusing to grant interim financial provision to LN (suing by his next friend) to be paid out of his father’s estate in one of the first appeals against Family Court Master decisions. (led by Shaphan Marwah on appeal, and Azan Marwah and Ronald Pang at first instance)
FCMP 176/2019: advised one of the beneficiaries under the deceased’s will, in an application for financial provision out of the deceased’s estate by his widow.
Mental Health
HCMP 178/2022, HCMH 79/2022: represented the Applicant in her application for (1) appointment of Committee under Part II for her mother, and (2) order for access to her mother (led by Enzo Chow)
HCMH 94/2023: appeared for the Applicant in her application for (1) financial provision out of her husband’s estate, who is an allegedly mentally incapacitated person, and (2) an order for non-removal of her husband out of the jurisdiction of Hong Kong. (led by Azan Marwah)
