Hong Kong Case Law: Decisions & Judgments

Topic

Solicitors disciplinary proceedings

Legal area

Court

3 Apr 2025

THE LAW SOCIETY OF HONG KONG v. CHAN DORIS KA YEE, formerly A CLERK OF MESSRS CHAN, WONG & YIP, SOLICITORS

Citation

[2025] HKCA 313
Court

Court of Appeal
Case number

CAMP156/2024

Leave to appeal was granted because the draft grounds challenging the SDT's findings on Issues 3 and 4 are reasonably arguable and raise important questions of law warranting appellate consideration; the applicant satisfied the applicable threshold (realistic prospect) and an extension of time to file the notice of appeal was appropriate.
22 Mar 2013

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

CACV60/2012

Leave to appeal was refused. The Court held the res judicata ground was not reasonably arguable; the Revised Request would not have exposed the solicitor to punishment so privilege against self-incrimination did not apply; and there were no exceptional circumstances to justify leave under the alternative limb. Accordingly the application for leave to appeal to the Court of Final Appeal was dismissed with costs to the respondent.
31 Oct 2008

RIGHT TO INHERENT DIGNITY MOVEMENT ASSOCIATION AND ANOTHER v. HKSAR AND OTHERS

Citation

RIGHT TO INHERENT DIGNITY MOVEMENT ASSOCIATION AND ANOTHER v. HKSAR AND OTHERS
Court

Court of First Instance
Case number

HCAL123/2008

Leave to apply for judicial review in all three matters was refused because the challenges were hypothetical or academic, the applicants lacked sufficient interest or standing, there was undue delay and prior opportunities had existed to raise the issues, and binding authority (Leung and subsequent authorities) and the civil nature of solicitors' disciplinary proceedings rendered the proposed challenges unarguable and an abuse of process.
31 Jul 2007

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

CACV246/2004

The court dismissed the application for leave to appeal and to reopen because the matters raised had already been dealt with by the Court of Final Appeal and this court, the case did not involve questions of great general public importance warranting leave, and any fraud allegation should be pursued separately or before the Court of Final Appeal rather than by this court granting leave.
2 May 2007

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

CACV246/2004

The judge held that the taxing master erred by failing to consider and exercise his discretion under Order 62 rule 16 to extend time and, if necessary, set aside the allocatur where there was a bona fide ground and procedural misunderstanding; that failure rendered the master's refusal reviewable and required the allocatur to be set aside and taxation refixed.
8 Mar 2007

THE LAW SOCIETY OF HONG KONG v. A SOLICITOR

Citation

THE LAW SOCIETY OF HONG KONG v. A SOLICITOR
Court

Court of Appeal
Case number

CACV62/2005

The court exercised its discretion to order taxation on a common fund basis because solicitors' contributions to the professional body were properly treated as funds held for the benefit of members analogous to a common fund, and because the Law Society's conduct (including abandoning proceedings after the court indicated the appellant had been denied the opportunity to challenge the legality of the calls) warranted that the appellant not be left out of pocket for reasonable costs incurred.
22 Mar 2006

A SOLICITOR v. THE LAW SOCIETY OF HONG KONG

Citation

A SOLICITOR v. THE LAW SOCIETY OF HONG KONG
Court

Court of Final Appeal
Case number

FACV23/2005

Section 8B(2) is constitutionally compatible with Basic Law art.35 because it permits production notwithstanding privilege while restricting use to disciplinary inquiries or investigations and there are adequate safeguards; under s.8AA the Council may direct inspectors to require production either by directing them to act if they form a reasonable suspicion or after being informed that they have such a suspicion, and the Council did not act beyond its powers; therefore the appeal is dismissed.
5 Jul 2005

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

CACV246/2004

Leave to appeal was refused: the court acknowledged the high importance of legal professional privilege but determined that the legal questions raised did not warrant leave because they could be given a clear and simple answer and were not appropriate for further appeal; the late factual allegation regarding the clerk writing the Tribunal's decision was factually tenuous and unsupported after investigation.
8 Jun 2005

PHILIPPE FREDERIC DELHAISE v. Re: SOLICITORS AND ANOTHER

Citation

PHILIPPE FREDERIC DELHAISE v. Re: SOLICITORS AND ANOTHER
Court

Court of Appeal
Case number

CACV147/2004

The appeal was dismissed for want of jurisdiction because the applicant, although permitted by the Tribunal to act as prosecutor, was not the Council and therefore had no statutory right to appeal under section 13; the Tribunal erred in permitting the applicant to prosecute and the Court must refuse to entertain the appeal on jurisdictional grounds; the costs order made below was set aside.
6 Jan 2005

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

CACV11/2003

Appellant entitled to 50% of the costs of the appeal to be taxed on a party and party basis; the Court varied the Tribunal's orders by replacing full indemnity taxation with party and party taxation in the specified paragraphs, ordered the appellant to bear 50% of the hearing costs relating to the Applicant's case on specified dates, fixed the appellant's share of the Clerk's review costs at 45% to be taxed party and party, and otherwise maintained the Tribunal's allocations subject to these changes.