Florian Tycho von Ortenberg (a former Registered Foreign Lawyer) (the “Respondent”)

• Section 12 of the Foreign Lawyers Registration Rules (Cap.159S)

Hearing date:

23 November 2017 and 6 March 2018

Statement of Findings and Order:

28 September 2018

The Respondent was in breach of section 12 of the Foreign Lawyers Registration Rules (cap.159S) in that on 17 December 2014, he issued on instructions of his client (a foreign company), a letter in response to a letter before action received by his client, containing statements that could in the circumstances be properly regarded as legal submissions and therefore provided a service customarily provided by a solicitor in his capacity as such.

Pursuant to an admission of liability and a settlement concerning costs, the Solicitors Disciplinary Tribunal ordered the following:

(1) the Respondent be fined a sum of HK$50,000 which shall be paid into the general revenue;

(2) the Respondent be censured;

(3) the Respondent pays 75% of the total costs of these proceedings to date (the total costs including the costs of the Law Society, the Prosecutor and the Tribunal Clerk being HK$536,550);

(4) a summary of this order to be agreed between the parties within 21 days be published in the Hong Kong Lawyer.

Mr. Kevin Bowers of Messrs. Howse Williams Bowers for the Applicant

Mr. Earl Deng, Counsel, instructed by Messrs. David Hui & Co. for the Respondent

Mr. Chao Wellington Kwok Hsien, Clerk to the Tribunal

Tribunal Members:

Mr. Keith Martin Brandt (Chairman)

Mr. Jon William Zinke

Mr. Conrad Chan Che-chung

Mr. Andy Leung Kit Man