Sections 6(5A), 7(d) and 49(1)(a) of the Legal Practitioners Ordinance, Cap.159 (“LPO”)

Rules 2(a) and 2(d) of the Solicitors’ Practice Rules, Cap.159H (“SPR”)

Rule 6(1) of the Solicitors (Professional Indemnity) Rules, Cap.159M (“SPIR”)

Principle 13.04 of The Hong Kong Solicitors’ Guide to Professional Conduct, Volume 1 (3rd Edition) (“Guide”)

 

Date of Hearing: 8 August 2025

Date of Statement of Findings and Order: 10 November 2025

The Solicitors Disciplinary Tribunal (“Tribunal”) found the following complaints against the Respondent proved:

Complaint 1

The Respondent committed breaches of section 49(1)(a) of the LPO, Principle 13.04 of the Guide and rules 2(a) and 2(d) of the SPR, on the basis that from about October 2020 to November 2021 (“1st Period”), in the capacity of a solicitor, the Respondent witnessed the execution of at least 108 documents relating to bankruptcy by the petitioners under 34 files (out of which 107 documents were witnessed by the Respondent at the office of a solicitors’ firm (“the Firm”)) which did not belong to the Firm but instead belonged to an unqualified staff of the Firm, thereby allowing the unqualified person to use his name in bankruptcy matters.

Complaint 2

The Respondent committed breaches of rule 6(1) of the SPIR, section 7(d) of the LPO and rule 2(d) of the SPR on the basis that the Respondent, in addition to witnessing the execution of documents for the petitioners in the files stated in Complaint 1, from about August 2020 to December 2021 (“2nd Period”), attended the Firm’s office on numerous occasions to act as a solicitor of Hong Kong by witnessing the execution of at least 465 bankruptcy related documents by the petitioners under 234 files and through so acting, provided legal services to the public in the capacity of a practising solicitor without having Professional Indemnity Scheme coverage during the 1st Period or the 2nd Period.

Complaint 3

The Respondent committed a breach of section 6(5A) of the LPO and rule 2(d) of the SPR, on the basis that the Respondent failed to comply with condition numbered 1 of Schedule 1 to the Practising Certificate (Special Conditions) Rules, Cap.159Y imposed on the Respondent’s 2020 and 2021 practising certificates issued by the Law Society, as the Respondent was not under the supervision of a solicitor holding an unconditional practising certificate during the 1st Period or the 2nd Period.

 

The Tribunal ordered that:

  1. on Complaint 1, the Respondent be struck off the roll of solicitors;
  2. on Complaint 2, the Respondent be censured and fined HK$100,000.00;
  3. on Complaint 3, the Respondent be censured and fined HK$30,000.00; and
  4. the Respondent do pay the costs of the Law Society, the Prosecutor and the Tribunal Clerk, as summarily assessed by the Tribunal.

 

Mr. Geoffrey Shaw of Messrs. Bryan Cave Leighton Paisner LLP (up to 30 September 2025) and Messrs. CMS Hong Kong LLP (from 1 October 2025), Prosecutor for the Law Society of Hong Kong, the Applicant

Mr. Glenn Haley of Messrs. Bryan Cave Leighton Paisner LLP, for the Applicant in the hearing on 8 August 2025

The Respondent acting in person was absent

Mr. Hui Man Kit Patrick, Clerk to the Tribunal

 

Tribunal Members:

Mr. James Phillip Kwan (Chairman)

Mr. John S. Yeung

Ir. Prof. Ken C. N. Cheung