RE CHAN KIN LIK

RE CHAN KIN LIK

Because the Bar Council and Department of Justice have a recognised right to be heard and there are pending disciplinary proceedings of sufficient seriousness that an immediate order might frustrate them and impair public confidence, the court exercised its discretion to grant the adjournment sought.

Citation
RE CHAN KIN LIK
Parties
Intervener: Hong Kong Bar Association; Intervener: Department of Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 February 2013
Case Number
HCMP120/2013
Procedural Posture
Application to Remove Name From Roll of Barristers Under S29(2 A) Legal Practitioners Ordinance (cap 159) / Hearing — Adjournment Application Decided (adjournment Granted)
Outcome
Adjournment granted
Legal Topics
Removal From Roll, Adjournment, Right of Audience, Disciplinary Proceedings, Public Confidence
Source Language
EN
Legal Profession Disciplinary Proceedings Administrative Law Removal From Roll Adjournment Right of Audience Public Confidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Hong Kong Bar Association

Intervener

Department of Justice

Intervener

Procedural Posture

Application to Remove Name From Roll of Barristers Under S29(2 A) Legal Practitioners Ordinance (cap 159) / Hearing — Adjournment Application Decided (adjournment Granted)

Legal Issues

  1. 1 Whether the court should remove the applicant's name from the Roll under s29(2A) of the Legal Practitioners Ordinance
  2. 2 Whether the court should grant an adjournment to allow pending disciplinary proceedings to proceed
  3. 3 Whether the Bar Council and Department of Justice have a right to be heard in the application

Ratio Decidendi

Because the Bar Council and Department of Justice have a recognised right to be heard and there are pending disciplinary proceedings of sufficient seriousness that an immediate order might frustrate them and impair public confidence, the court exercised its discretion to grant the adjournment sought.

Court Disposition

Adjournment granted

Orders

  • Application adjourned to allow pending disciplinary proceedings to proceed