Rep of the Otto Poon Trust  JCA109
In 2015 Rebecca appeared before the Court of Appeal on behalf of one of the beneficiaries of the Otto Poon Family Trust who had been irrevocably excluded from the trust, following a divorce in which she had received in the region of HK$800 million from the trust. One of the issues raised on appeal was that the professional Trustee had not provided sufficient reason/ justification for its decision to irrevocably exclude the beneficiary. Although the Court of Appeal were not persuaded that the Trustee’s decision was wrong, the Court criticised the Affidavit evidence given by the Trustee and provided some useful guidance as to what level of detail should be expected from a Trustee when dealing with such issues in the future.
In the matter of the Holley murder case
Between 2001-2005 Rebecca appeared as Junior Counsel in this high profile case in which the Defendant had killed his partner with an axe and in which the issue of provocation in murder cases was debated at length. Mr Holley was tried and convicted, then he appealed successfully against his murder conviction. Although in general Rebecca was Junior Counsel, she actually conducted this first appeal. He then went on to be tried again and convicted again. He also successfully appealed against his conviction again. On both occasions his conviction had been overturned largely because of material misdirection. The Attorney General appealed to the Privy Council which resulted in the conviction being reinstated, but in addition to that, a major feature of the judgment of the Pricy Council was that it led to the law of provocation being changed in England and Wales.
Defence of prisoner’s right not to be force fed
In 2004 Rebecca appeared on behalf of a prisoner who wished to die by hunger-strike. The hospital had applied to the Royal Court for permission to force feed the prisoner and Rebecca successfully defended his right not to be force fed. The case looked at issues of the requisite test for the capacity of an individual to make such a decision.