Wong Chi Kau (黃智球)(“Respondent”)

  • Principles 6.04 and 14.02 of the Hong Kong Solicitors’ Guide to Professional Conduct, Vol. 1 (3rd Ed.) (“the Guide”)
  • Section 8AA of the Legal Practitioners Ordinance (Cap 159) (“LPO”)
  • Rule 2(a) and (d) of the Solicitors’ Practice Rules (Cap 159H) (“SPR”)

Hearing dates:    5 June 2020, 20 October 2020 and 27 November 2020

Statement of Findings and Order: 19 March 2021

On 27 November 2020, the Solicitors Disciplinary Tribunal (“Tribunal”) found the following complaints against the Respondent proved on his own admission :

Complaint 1

The Respondent had failed to answer fully and promptly to correspondence from a client or former clients or on their behalf, inquiries from the Law Society in relation to his conduct in the handling of the transfer of shares of a property pursuant to a court order (“the Transaction”), contrary to Principle 6.04 of the Guide. Such conduct compromised or impaired or was likely to compromise or impair his independence or integrity and his own reputation and the reputation of the profession, in breach of rule 2(a) and (d) of the SPR.

Complaint 2

The Respondent had failed to comply with a Notice of Inspection to produce documents in relation to the Transaction (“the Outstanding Documents”) served on him on 17 July 2019, contrary to section 8AA of the LPO. Such conduct compromised or impaired or was likely to compromise or impair his independence or integrity and his own reputation and the reputation of the profession, in breach of rule 2(a) and (d) of the SPR.

Complaint 3

The Respondent, as a solicitor, had committed professional misconduct by breaching the terms of his professional undertakings to produce the Outstanding Documents, contrary to Principle 14.02 of the Guide. Such conduct compromised or impaired or was likely to compromise or impair his independence or integrity and his own reputation and the reputation of the profession, in breach of rule 2(a) and (d) of the SPR.

On 19 March 2021, the Tribunal made the following orders against the Respondent:

(1) be censured;

(2) to pay a fine of HK$30,000 for each of the 3 complaints, totalling a sum of HK$90,000;

(3) be suspended from practice as a solicitor for a period of 12 months from 1 June 2021; after 2 June 2022, the Respondent may resume practice as a solicitor but only under the supervision of a solicitor who has practised continuously in Hong Kong for not less than 20 years. The Respondent shall not practise as a sole practitioner, partner or consultant in a law firm in Hong Kong; and

(4) to pay the costs of these proceedings including the costs of the Law Society and the Clerk to the Tribunal summarily assessed by the Tribunal.

Mr. Glenn Haley of Messrs. Bryan Cave Leighton Paisner LLP, Prosecutor for the Law Society, the Applicant

The Respondent in person

Mr. Patrick Hui Man Kit, Clerk to the Tribunal

Tribunal Members:

Ms. Wong Tak Kay Alison (Chairperson)

Mr. Chan Kar-nang Sherman

Mr. Kung Yin Ming (resigned on 16 June 2020)

Mr. Leung Kit-man Andy (appointed on 6 July 2020)