18 Feb 2004
A SOLICITOR v. THE LAW SOCIETY OF HONG KONG
- Citation
- A SOLICITOR v. THE LAW SOCIETY OF HONG KONG
- Court
- Court of Appeal
- Case number
- CACV302/2002
Two complaints (B(v) and C(i)) were discharged for procedural unfairness (failure to put the case to a key witness). The Solicitors Disciplinary Tribunal's power under s10(2)(e) LPO does not mandate an indemnity costs award in every case; it must be construed to allow discretionary awards on different bases and must be exercised compatibly with the right of access to tribunals under common law, Basic Law Article 35 and the HKBORO/ICCPR. Indemnity costs are exceptional, must be just and proportionate, and the Tribunal erred in applying indemnity as a routine measure in this case; the Tribunal'…