Brick Court QC wins Ofta instruction

Brick Court Chambers QC Nick Green has scooped a new instruction from the Hong Kong telecoms regulator the Office of the Telecommuni-cations Authority (Ofta) on a groundbreaking competition case against the dominant fixed-line telecoms operator Pacific Century CyberWorks (PCCW).

Green is advising Ofta on attempts by PCCW to appeal the regulators’ decision on various pricing issues and broadband access. The case will be heard before Hong Kong’s Court of First Instance.

On the other side is David Pannick QC of Blackstone Chambers, who has been instructed by Richards Butler Hong Kong on a judicial review of broadband access and various other appeals that PCCW is persuing.

Asia, particularly Hong Kong and Singapore, is fertile hunting ground for UK competition silks. The other big competition set, Monckton Chambers, was also advising Ofta at one stage, and Denton Wilde Sapte has previously advised PCCW.

Green was instructed by the in-house legal team at Ofta, probably on the back of a similar case he advised on in Singapore.

Green said: “The interesting thing is that laws being implemented [in Asia] are largely copies of Articles 81 and 82. One of the big issues is that, if you simply adopt the language, you don’t have the same culture as in the EU – Hong Kong, for instance, is a single territory.”