- Principles 12.04 and 12.05 of the Hong Kong Solicitors’ Guide to Professional Conduct Vol. 1, 2nd Edition (the “Guide”)
1 December 2011 and 13 June 2012
Findings of Facts:
5 March 2012
8 August 2012
On 1 December 2011, the Solicitors Disciplinary Tribunal (the “Tribunal”) heard both the Applicant’s case and the Respondent’s defence. The Respondent denied the complaint against him. On 5March 2012, the Tribunal found that the complaint had been proved and that the Respondent, being the sole practitioner and principal of Messrs. Hong Lee & Co., was in breach of Principles 12.04 and 12.05 of the Guide in that he, in the absence of reasonable excuse, refused and/or failed to pay barrister’s fees within 2 months from the submission of a fee note.
On 8 August 2012, the Tribunal ordered that:
a) the Respondent be censured and be fined HK$100,000; and
b) the costs of the proceedings, including the costs of the Law Society, the Prosecutor and the Clerk to the Tribunal, be paid by the Respondent, to be taxed on party-and-party basis, if not agreed.
Mr. Ernest T. K. Tsui of Messrs. T. K. Tsui & Co. for the Law Society.
The Respondent in person.
Miss Fenn Kar Bak Lily (Chairperson) Mr. Chan Hiu Fung Nicholas
Professor Albert Lee
[The Respondent filed a Notice of Appeal dated 27 August 2012 (CACV 188/2012).
On 28 February 2014, the Court of Appeal dismissed the Respondent’s appeal with costs of the appeal to the Law Society to be taxed if not agreed.
On 28 May 2014, the Court of Appeal dismissed the Respondent’s application for leave to appeal to the Court of Final Appeal with costs to the Law Society.
On 13 April 2015, the Appeal Committee of the Court of Final Appeal dismissed the Respondent’s application for leave to appeal (FAMV 36/2014) with no order as to costs.]