PANG LAI YIN v. THE LAW SOCIETY OF HONG KONG

PANG LAI YIN v. THE LAW SOCIETY OF HONG KONG

The Court granted the Applicant's exemption from producing Form 4 because the application concerned admission formalities and the Law Society certified the Applicant as fit and proper; Chan's proposed intervention and striking out applications were dismissed because they sought to litigate reputation issues collateral to the application and were unnecessary for determination of the exemption; leave to appeal was refused as Chan's grounds did not justify appeal; costs were ordered against Chan and summarily assessed to HKD 28,000 for the Applicant and HKD 20,600 for the Law Society.

Citation
PANG LAI YIN v. THE LAW SOCIETY OF HONG KONG
Parties
Applicant: Pang Lai Yin; Respondent/intervener: Chan Kin Fung, Phil; Interested Party: The Law Society of Hong Kong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 January 2011
Case Number
HCMP1719/2010
Procedural Posture
Application for Exemption From Producing Form 4 Under Admission and Registration Rules; Related Summons for Intervention and Leave to Appeal / Decision on Originating Summons and Related Summons; Leave to Appeal Refused; Costs Summarily Assessed
Outcome
Application for exemption granted; summons by Chan to intervene and to strike out parts of the affirmations dismissed; leave to appeal refused; costs awarded against Chan.
Legal Topics
Form 4 Exemption (rule 13), Intervention in Proceedings, Striking Out Scandalous Matters, Summary Assessment of Costs (o.62 R.9 A), Leave to Appeal, Articles of Bills of Rights and Basic Law Invoked
Source Language
EN
Admissions to the Legal Profession Civil Procedure Constitutional and Human Rights Law Professional Regulation Form 4 Exemption (rule 13) Intervention in Proceedings Striking Out Scandalous Matters Summary Assessment of Costs (o.62 R.9 A) +2 more

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Parties

Pang Lai Yin

Applicant

Chan Kin Fung, Phil

Respondent/intervener

The Law Society of Hong Kong

Interested Party

Procedural Posture

Application for Exemption From Producing Form 4 Under Admission and Registration Rules; Related Summons for Intervention and Leave to Appeal / Decision on Originating Summons and Related Summons; Leave to Appeal Refused; Costs Summarily Assessed

Legal Issues

  1. 1 Whether the Applicant should be exempted from producing Form 4 for the traineeship period under Rule 13 of the Admission and Registration Rules
  2. 2 Whether Chan should be granted leave to intervene to protect his reputation and to strike out allegations as scandalous and irrelevant
  3. 3 Whether leave to appeal should be granted against the dismissal of Chan's application and costs orders

Ratio Decidendi

The Court granted the Applicant's exemption from producing Form 4 because the application concerned admission formalities and the Law Society certified the Applicant as fit and proper; Chan's proposed intervention and striking out applications were dismissed because they sought to litigate reputation issues collateral to the application and were unnecessary for determination of the exemption; leave to appeal was refused as Chan's grounds did not justify appeal; costs were ordered against Chan and summarily assessed to HKD 28,000 for the Applicant and HKD 20,600 for the Law Society.

Court Disposition

Application for exemption granted; summons by Chan to intervene and to strike out parts of the affirmations dismissed; leave to appeal refused; costs awarded against Chan.

Orders

  • Applicant exempted from producing Form 4 for the relevant traineeship period
  • Order dismissing Chan Kin Fung Phil's application to intervene and to strike out affirmations