Tse Kin (謝堅)(“Respondent”)

  • Rule 8(1) and Paragraph 1 of Schedule 1 of the Solicitors (Professional Indemnity) Rules, (Cap 159M) (“PIS Rules”)
  • Rule 2(d) of the Solicitors’ Practice Rules, (Cap 159H) (“SPR”)
  • Principle 6.04 of the Hong Kong Solicitors’ Guide to Professional Conduct Vol. 1 (2nd Ed.) (“the Guide, 2nd Ed.”)
  • Principle 6.04 of the Hong Kong Solicitors’ Guide to Professional Conduct Vol. 1 (3rd Ed.) (“the Guide, 3rd Ed.”)

Hearing date: 27 October 2020

Statement of Findings and Order: 15 April 2021

On 27 October 2020, the Solicitors Disciplinary Tribunal (“Tribunal”) found the following complaints against the Respondent proved :

Complaint 1

The Respondent, being the former sole proprietor of Messrs. Tse & Co. (a closed firm) (“the Firm”), was in breach of Rule 8(1) of the PIS Rules and Rule 2(d) of the SPR in that he had failed to file a final gross fee income report of the Firm (“Final GFI Report”) for the period from 1 May 2010 to 20 December 2010 within the stipulated time and to settle the debit note for an amount equal to 200% of the rate of contribution for the preceding indemnity period (“the 1st Debit Note”) and thus compromised or impaired his own reputation or the reputation of the profession.

Complaint 2

The Respondent was in breach of Principle 6.04 of the Guide, 2nd Ed. in that he had failed to give response to the Law Society’s letter dated 8 May 2013 and written reminders dated 23 May 2013, 4 June 2013 and 20 June 2013 respectively concerning the Law Society’s request to submit the Final GFI Report and to explain his failure to settle the 1st Debit Note.

Complaint 3

The Respondent, being the former sole proprietor of the Firm, was in breach of Paragraph 1 of Schedule 1 to the PIS Rules and Rule 2(d) of the SPR in that he had failed to pay the Firm’s contribution reduction adjustment (“the 2nd Debit Note”) and thus compromised or impaired his own reputation or the reputation of the profession.

Complaint 4

The Respondent was in breach of Principle 6.04 of the Guide, 3rd Ed. in that he had failed to give response to the Law Society’s letter dated 22 January 2014 and the written reminders dated 11 February 2014, 20 February 2014 and 28 February 2014 respectively to explain his failure to settle the 2nd Debit Note.

The Tribunal made the following orders :

(1) for Complaint 1 and Complaint 3, the Respondent be censured and fined HK$40,000.00 for each complaint totalling HK$80,000.00;

(2) for Complaint 2 and Complaint 4, the Respondent be censured and fined HK$30,000.00 for each complaint totalling HK$60,000.00; and

(3) the Respondent to pay the costs of the proceedings summarily assessed by the Tribunal.

Ms. Anita Chan, Assistant In-House Prosecutor of the Law Society as the Applicant

The Respondent was absent

Mr. Wellington Kwok Hsien Chao, Clerk to the Tribunal

Tribunal Members:

Mr. Chung Kwok Fai, Rix (Chairperson)

Ms. Sharon Karina Nye

Ms. Yung Wai Chi