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HK45: Mohan Bharwaney – Former HC Judge with legacy of socially valuable landmark verdicts

𝐇𝐊𝟒𝟓: 𝐌𝐨𝐡𝐚𝐧 𝐁𝐡𝐚𝐫𝐰𝐚𝐧𝐞𝐲 - 𝐅𝐨𝐫𝐦𝐞𝐫 𝐇𝐂 𝐉𝐮𝐝𝐠𝐞 𝐰𝐢𝐭𝐡 𝐥𝐞𝐠𝐚𝐜𝐲 𝐨𝐟 𝐬𝐨𝐜𝐢𝐚𝐥𝐥𝐲-𝐯𝐚𝐥𝐮𝐚𝐛𝐥𝐞 𝐥𝐚𝐧𝐝𝐦𝐚𝐫𝐤 𝐯𝐞𝐫𝐝𝐢𝐜𝐭𝐬  (Full)

𝐍𝐨𝐭𝐚𝐛𝐥𝐞 𝐐𝐮𝐨𝐭𝐞𝐬:

𝐴𝑠 𝑦𝑜𝑢 𝑚𝑎𝑡𝑢𝑟𝑒 𝑎𝑛𝑑 𝑠𝑒𝑎𝑠𝑜𝑛 𝑎𝑠 𝑎 𝑙𝑎𝑤𝑦𝑒𝑟, 𝑦𝑜𝑢 𝑟𝑒𝑎𝑙𝑖𝑧𝑒 𝑡ℎ𝑎𝑡 𝑡ℎ𝑒 𝑟𝑜𝑙𝑒 𝑜𝑓 𝑎 𝑙𝑎𝑤𝑦𝑒𝑟 𝑖𝑠 𝑛𝑜𝑡 𝑗𝑢𝑠𝑡 𝑡𝑜 𝑤𝑖𝑛 𝑐𝑎𝑠𝑒𝑠 𝑓𝑜𝑟 ℎ𝑖𝑠 𝑐𝑙𝑖𝑒𝑛𝑡 𝑏𝑢𝑡 𝑡𝑜 𝑚𝑎𝑘𝑒 𝑡ℎ𝑒 𝑤𝑜𝑟𝑙𝑑 𝑎 𝑏𝑒𝑡𝑡𝑒𝑟 𝑝𝑙𝑎𝑐𝑒 𝑡𝑜 𝑙𝑖𝑣𝑒.

► “𝐼𝑛 𝐻𝐾, 𝑙𝑒𝑔𝑎𝑙 𝑝𝑟𝑜𝑓𝑒𝑠𝑠𝑖𝑜𝑛 𝑖𝑠 𝑑𝑖𝑣𝑖𝑑𝑒𝑑. 𝑌𝑜𝑢 ℎ𝑎𝑣𝑒 𝑡𝑜 𝑐ℎ𝑜𝑜𝑠𝑒 𝑒𝑎𝑟𝑙𝑦 𝑜𝑛 𝑖𝑓 𝑦𝑜𝑢 𝑤𝑎𝑛𝑡 𝑡𝑜 𝑏𝑒 𝑎 𝑠𝑜𝑙𝑖𝑐𝑖𝑡𝑜𝑟 𝑜𝑟 𝑎 𝑏𝑎𝑟𝑟𝑖𝑠𝑡𝑒𝑟. 𝐷𝑖𝑠𝑡𝑖𝑛𝑐𝑡𝑖𝑜𝑛 𝑏𝑒𝑡𝑤𝑒𝑒𝑛 𝑡ℎ𝑒 𝑡𝑤𝑜 𝑖𝑠 𝑎 𝑏𝑎𝑟𝑟𝑖𝑠𝑡𝑒𝑟 ℎ𝑎𝑠 𝑡𝑜 𝑓𝑎𝑐𝑒 𝑡ℎ𝑒 𝑗𝑢𝑑𝑔𝑒 𝑎𝑛𝑑 𝑡ℎ𝑒 𝑠𝑜𝑙𝑖𝑐𝑖𝑡𝑜𝑟 ℎ𝑎𝑠 𝑡𝑜 𝑓𝑎𝑐𝑒 𝑡ℎ𝑒 𝑐𝑙𝑖𝑒𝑛𝑡.”

► “𝐿𝑎𝑤 𝑖𝑠 𝑎 𝑓𝑜𝑟𝑚 𝑜𝑓 𝑠𝑜𝑐𝑖𝑎𝑙 𝑒𝑛𝑔𝑖𝑛𝑒𝑒𝑟𝑖𝑛𝑔 𝑎𝑛𝑑 𝑡ℎ𝑒 𝑐𝑜𝑚𝑚𝑜𝑛 𝑙𝑎𝑤 𝑠𝑦𝑠𝑡𝑒𝑚 𝑎𝑙𝑙𝑜𝑤𝑠 𝑡ℎ𝑒 𝑗𝑢𝑑𝑔𝑒 𝑡𝑜 𝑚𝑎𝑘𝑒 𝑙𝑎𝑤𝑠 𝑜𝑟 𝑡𝑜 𝑐ℎ𝑎𝑛𝑔𝑒 𝑡ℎ𝑒 𝑐𝑢𝑟𝑟𝑒𝑛𝑡 𝑙𝑎𝑤𝑠 𝑡𝑜 𝑡𝑎𝑘𝑒 𝑖𝑛𝑡𝑜 𝑎𝑐𝑐𝑜𝑢𝑛𝑡 𝑡ℎ𝑒 𝑐ℎ𝑎𝑛𝑔𝑒 𝑜𝑓 𝑡𝑖𝑚𝑒.”

► “𝐼 𝑙𝑜𝑣𝑒𝑑 𝑡ℎ𝑒 𝑓𝑎𝑐𝑡 𝑡ℎ𝑎𝑡 𝐼 𝑤𝑎𝑠 𝑔𝑖𝑣𝑒𝑛 𝑎𝑛 𝑜𝑝𝑝𝑜𝑟𝑡𝑢𝑛𝑖𝑡𝑦 𝑡𝑜 𝑐ℎ𝑎𝑛𝑔𝑒 𝑡ℎ𝑒 𝑎𝑟𝑐ℎ𝑎𝑖𝑐 𝑙𝑎𝑤𝑠 𝑡ℎ𝑎𝑡 𝑑𝑖𝑑 𝑛𝑜𝑡 𝑏𝑒𝑙𝑜𝑛𝑔 𝑡𝑜 𝑡ℎ𝑒 𝑚𝑜𝑑𝑒𝑟𝑛 𝑤𝑜𝑟𝑙𝑑.”

► “𝐼𝑡’𝑠 𝑛𝑜𝑡 𝑒𝑣𝑒𝑟𝑦 𝑑𝑎𝑦 𝑡ℎ𝑎𝑡 𝑎 𝑓𝑜𝑟𝑚𝑒𝑟 𝐼𝑚𝑝𝑒𝑟𝑖𝑎𝑙 𝑝𝑜𝑤𝑒𝑟 𝑐ℎ𝑎𝑛𝑔𝑒𝑠 𝑖𝑡𝑠 𝑜𝑤𝑛 𝑙𝑎𝑤 𝑖𝑛 𝑃𝑎𝑟𝑙𝑖𝑎𝑚𝑒𝑛𝑡 𝑏𝑦 𝑓𝑜𝑙𝑙𝑜𝑤𝑖𝑛𝑔 𝑡ℎ𝑒 𝑗𝑢𝑑𝑔𝑒𝑚𝑒𝑛𝑡 𝑜𝑓 𝑎 𝑗𝑢𝑑𝑔𝑒 𝑜𝑓 𝑎 𝑓𝑜𝑟𝑚𝑒𝑟 𝑐𝑜𝑙𝑜𝑛𝑦. 𝐼𝑡 ℎ𝑎𝑝𝑝𝑒𝑛𝑒𝑑 𝑡𝑤𝑜 𝑦𝑒𝑎𝑟𝑠 𝑎𝑔𝑜.”

► “𝐼 𝑎𝑚 𝑝𝑟𝑜𝑢𝑑 𝑜𝑓 𝑡ℎ𝑒 𝑓𝑎𝑐𝑡 𝑡ℎ𝑎𝑡 𝑤𝑒 [𝐻𝐾] ℎ𝑎𝑣𝑒 𝑡ℎ𝑖𝑠 𝑢𝑛𝑖𝑞𝑢𝑒 𝑠𝑜𝑐𝑖𝑒𝑡𝑦 𝑤ℎ𝑖𝑐ℎ 𝑖𝑠 𝑠𝑜 𝑑𝑖𝑣𝑒𝑟𝑠𝑒 𝑎𝑛𝑑 𝑠𝑜 𝑐𝑜𝑠𝑚𝑜𝑝𝑜𝑙𝑖𝑡𝑎𝑛. 𝐼 𝑑𝑜 𝑛𝑜𝑡 𝑡ℎ𝑖𝑛𝑘 𝑦𝑜𝑢 𝑐𝑎𝑛 𝑔𝑒𝑡 𝑡ℎ𝑖𝑠 𝑓𝑙𝑎𝑣𝑜𝑟 𝑎𝑛𝑦𝑤ℎ𝑒𝑟𝑒 𝑒𝑙𝑠𝑒 𝑖𝑛 𝑡ℎ𝑒 𝑤𝑜𝑟𝑙𝑑.”

► “𝑇ℎ𝑒 𝑟𝑢𝑙𝑒 𝑜𝑓 𝑙𝑎𝑤 [𝑖𝑛 𝐻𝐾] 𝑖𝑠 𝑠𝑒𝑐𝑜𝑛𝑑 𝑡𝑜 𝑛𝑜𝑛𝑒. 𝐼 𝑎𝑚 𝑒𝑥𝑡𝑟𝑒𝑚𝑒𝑙𝑦 𝑝𝑟𝑜𝑢𝑑 𝑜𝑓 𝑜𝑢𝑟 𝑗𝑢𝑑𝑖𝑐𝑖𝑎𝑟𝑦. 𝑊𝑒 𝑎𝑟𝑒 𝑎𝑙𝑤𝑎𝑦𝑠 𝑐ℎ𝑜𝑠𝑒𝑛 𝑡𝑜 𝑏𝑒 𝑡ℎ𝑒 𝑐𝑒𝑛𝑡𝑒𝑟 𝑜𝑓 𝑎𝑟𝑏𝑖𝑡𝑟𝑎𝑡𝑖𝑜𝑛. 𝐼𝑓 𝑦𝑜𝑢 ℎ𝑎𝑣𝑒 𝑎 𝑑𝑖𝑠𝑝𝑢𝑡𝑒 𝑤𝑖𝑡ℎ 𝑎𝑛𝑜𝑡ℎ𝑒𝑟 𝑐𝑜𝑚𝑝𝑎𝑛𝑦 𝑎𝑛𝑑 𝑦𝑜𝑢 𝑐𝑎𝑛 𝑔𝑒𝑡 𝑎𝑛 𝑎𝑟𝑏𝑖𝑡𝑟𝑎𝑙 𝑎𝑤𝑎𝑟𝑑 𝑖𝑛 𝐻𝐾 𝑒𝑛𝑓𝑜𝑟𝑐𝑒𝑎𝑏𝑙𝑒 𝑖𝑛 𝑚𝑎𝑖𝑛𝑙𝑎𝑛𝑑.”

𝐆𝐮𝐞𝐬𝐭 𝐏𝐫𝐨𝐟𝐢𝐥𝐞:
Justice Mohan Bharwaney was born and raised in HK in a business family. He recently retired as a Judge of the Court of First Instance of the High Court after serving in the Judiciary for more than 10 years. He is credited with revolutionizing the way that personal injuries litigation is conducted, making the handling of such litigation by the courts more effective and efficient. Timely settlements are now made through mediation or other means. For his contributions, he was awarded the 𝐒𝐢𝐥𝐯𝐞𝐫 𝐁𝐚𝐮𝐡𝐢𝐧𝐢𝐚 𝐀𝐰𝐚𝐫𝐝 by the Government of HK SAR.

Justice Bharwaney studied law in HK and was admitted to the bar in HK and UK.  He practiced as a barrister and later as a senior counsel for over 30 years, in all levels of courts including Privy Council and Court of Final Appeal. He is a specialist in Insurance Law, Commercial Law, Personal Insurance and Medical Negligence. After retirement, he has returned to his private practice of Arbitration and Mediation.

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