Principle 6.04 of the Hong Kong Solicitors’ Guide to Professional Conduct, Volume 1, 3rd Edition (“the Guide”)
Hearing Date: 8 August 2019
Date of the Findings and Order: 30 September 2019
The Solicitors Disciplinary Tribunal (“Tribunal”) found the following complaints against the Respondent proved :
Breach of Principle 6.04 of the Guide in that the Respondent, the former sole proprietor of Messrs. K. M. Cheung & Co. (an intervened firm), had failed to reply fully and promptly to the emails from his client (“the Complainant”) dated 16 September 2016, 31 October 2016, 22 December 2016 and 3 January 2017 respectively.
Breach of Principle 6.04 of the Guide in that the Respondent had failed to reply fully and promptly or to explain his conduct to the Law Society’s enquiries by its letter dated 5 June 2017 regarding the complaint lodged by the Complainant and the written reminders dated 19 June 2017, 7 July 2017, 18 July 2017, 31 August 2017 and 22 September 2017 respectively.
Breach of Principle 6.04 of the Guide in that the Respondent had failed to comply with paragraph 2 of the resolutions of the Investigation Committee in relation to the complaints (as set out in Law Society’s letter dated 21 November 2017) which required him to provide written explanation to the Law Society’s letter dated 5 June 2017 within the stipulated time.
The Tribunal ordered that:
1. the Respondent be fined HK$40,000; and
2. the Respondent to pay the fixed costs of the Law Society, the Prosecutor and the Clerk to the Tribunal.
Mr. Christopher K T Ching, Prosecutor for the Law Society as the Applicant
The Respondent was absent at the hearing
Ms. Au Siu Fan of Messrs. K. Y. Lo & Co., Clerk to the Tribunal
Ms. Liu Pui Yee (Chairperson)
Mr. Ng Kin Yuen
Mr. Cheuk Kim Tang