Chan Kin Fan (the “Respondent”)
  • Disgraceful, dishonourable and discreditable conduct
  • Section 2(2) of the Legal Practitioners Ordinance (Cap. 159) (the “LPO”)

Hearing Date:
20 January 2015

Statement of Findings and Order:
31 March 2015

The Solicitors Disciplinary Tribunal (“Tribunal”) found the following Complaint against the Respondent proved.

The Complaint

The Respondent, being a former employee of a solicitors’ firm, committed disgraceful, dishonourable and discreditable conduct within the meaning of s. 2(2) of the LPO, in that he was convicted of one count of fraud, contrary to s. 16A of the Theft Ordinance (Cap. 210) in Eastern Magistrates’ Court in Criminal Case No. 3828 of 2011 (the “Criminal Charge”).

The Respondent was found guilty of the Criminal Charge based on his guilty plea and was sentenced to serve Community Service Order for 180 hours and to make restitution in the sum of HK$10,000.

The Tribunal ordered that:

  1. The Respondent be prohibited from employment by solicitors firms or foreign law firms in Hong Kong for 2 years from the date of the Order; and
  2. The Respondent to pay the Applicant’s costs and the Clerk’s costs on a party-and-party basis, summarily assessed at the respective sums of HK$55,500 (inclusive of disbursements of HK$5,500) and HK$35,608 (inclusive of disbursements of HK$5,608).

Miss Cynthia Yen Kwun Wing, In-House Prosecutor, for the Applicant

The Respondent was absent

Mr. Iu Ting Kwok, Clerk to the Tribunal

Tribunal Members:
Mr. Allen Lam Siu Kau (Chairman) Ms. Anita Leung Ping Fun Miss Rainbow Cheung Kam-hung