Tong Yee Chun (the “Respondent”)

  • Rule 2(a),(c) and (d) of the Solicitors’ Practice Rules (“SPR”)
  • A solicitor shall not, in the course of practising as a solicitor, do or permit to be done on his behalf anything which compromises or impairs or is likely to compromise or impair –

(a)  his independence or integrity;
(c)  his duty to act in the best interests of his client;
(d)  his own reputation or the reputation of the profession

Hearing date:

27 April 2018

Statement of Findings and Order:

5 October 2018

The Solicitors Disciplinary Tribunal (“Tribunal”) found the following complaints against the Respondent, formerly a Consultant of a solicitors’ firm, admitted and proved on his own plea :

The Complaints

1st Complaint – breach of rule 2(a), (c) and (d) of the SPR in that the Respondent was convicted of one count of theft of money belonging to his employer contrary to section 9 of the Theft Ordinance (Cap 210) and one count of obtaining property, being money belonging to a client of his employer, by deception contrary to section 17(1) of the Theft Ordinance at the Eastern Magistrates’ Courts in ESCC 1133/2014 and sentenced to imprisonment for 6 months in total and ordered to pay (via the Magistracy) HK$3,000 in restitution. The original sentence was substituted by a sentence of imprisonment of 4.5 months suspended for 12 months after the Respondent’s appeal against the sentence was allowed.

2nd Complaint – Breach of rule 2(a), (c) and (d) of the SPR in that the Respondent was convicted of three counts of theft of money belonging to the relatives of the clients of his employer contrary to section 9 of the Theft Ordinance (Cap 210) at the Eastern Magistrates’ Courts in ESCC 979/2015 and sentenced to serve a Community Service Order for 160 hours and ordered to pay (via the Magistracy) a total sum of HK$44,000 in restitution.

The Tribunal ordered that the Respondent :

(1) be struck off from the Roll of Solicitors; and

(2) to pay the costs of the proceedings, including the costs of the Clerk to the Tribunal and the costs of the Applicant in the investigation, to be taxed if not agreed, on a party and party basis.

Mr. Mok Chi Ying, Jonathan of Messrs. Jonathan Mok Legal for the Applicant

The Respondent in person

Mr. Chao Wellington Kwok Hsien, Clerk to the Tribunal

Tribunal Members:

Mr. Chan Che Chung Conrad (Chairman)

Mr. Woo Ka Biu Jackson

Dr. Chiu Shing Ping Jame

Jurisdictions