David Boyton

David Boyton is Head of Chambers and an experienced criminal lawyer. He primarily defends the more serious offences before a jury, which include murder, manslaughter, rape, trafficking in dangerous drugs and money laundering. Details can be found on the Hong Kong Judiciary website, referring to David’s involvement in over 340 criminal cases in the Court of Final Appeal; High Court; and District Court: and is testament, to his experience as both a trial advocate and an appellate lawyer.

David was also recognised in The Legal 500 Asia Pacific 2021 as a leading junior in white-collar crime. It was noted that he ‘represented a number of teachers accused of exam cheating, successfully defeating a prosecution appeal concerning charges of accessing a computer with dishonest intent; the Court of Final Appeal found that the offence could not be committed by using one’s own device.’

NOTABLE CASES

1. SJ v CHENG Ka-yee and three others, FACC 22/2018, [2019] HKCFA 9 whether the offence of obtaining access to a computer with a view to dishonest gain under s. 161 of Crime Ordinance (Cap. 200) can be committed by a person using his own computer.
2. HKSAR v CHUNG Yiu-lam [2018] 4 HKLRD 704, [2018] HKCA 153 the jury should be directed in simple terms as to what the primary facts were relevant to an inference of knowledge.
3. HKSAR v CHU Chi-ho [2017] 4 HKLRD 688 the exception to the hearsay rule for early complaint in sexual offences was not to be extended to non-sexual offences.
4. HKSAR v Castaneda Ortiz Jairo [2017] 1HKLRD 705 it was a misdirection to tell the jury that persons who had a duty to enforce the law would not misconduct themselves.
5. HKSAR v LAU Chung-piu [2016] 4 HKLRD 474 dealt with s. 154 of the Crimes Ordinance (Cap. 200) and the appropriateness to cross-examine a victim of a sexual assault on her previous sexual history.