Disgraceful, dishonourable and discreditable conduct

Section 2(2) of the Legal Practitioners Ordinance, Cap.159 (“the LPO”)

Hearing date : 23 October 2018

Statement of Findings and Order : 18 January 2019

On 23 October 2018, the Solicitors Disciplinary Tribunal ("Tribunal") heard the case of the Law Society (“Applicant”) and found that the Complaint against the Respondent proved :-

The Complaint

The Respondent, being a former employee of a solicitors’ firm (a closed firm), committed disgraceful, dishonourable and discreditable conduct within the meaning of s. 2(2) of the LPO, in that, contrary to common law, he was convicted of one count of doing an act tending and intending to pervert the course of public justice in DCCC331/2002 and sentenced to a term of imprisonment for 18 months. His application for leave to appeal against the conviction was dismissed by the Court of Appeal in CACC 588/2002 on 8 October 2003.

The Tribunal made the following orders :-

(1) The Respondent be prohibited from being employed in any solicitors’ firm or foreign law firm in Hong Kong for 20 years from the date of the Order; and

(2) The Respondent to pay the fixed costs of the Applicant, the Prosecutor and the Clerk to the Tribunal as assessed by the Tribunal.

Mr. Malcolm Kemp of Messrs. Stephenson Harwood, Prosecutor for the Applicant

The Respondent in person, being absent

Mr. Hui Man Kit Patrick, Clerk to the Tribunal

Tribunal Members:

Ms. Alison Tak Kay Wong (Chairperson)

Ms. Porey Ip

Dr. Paul Pui Yip Yung