Hong Kong Case Law: Decisions & Judgments

Topic

Suspension

Legal area

Court

29 May 2023

THE LAW SOCIETY OF HONG KONG v. A SOLICITOR

Citation

[2023] HKCA 694
Court

Court of Appeal
Case number

CACV63/2022

The Suspension Sentence was manifestly inadequate given persistent, repeated and systemic breaches over three years involving misappropriation and mishandling of client monies in excess of $23 million, multiple dishonoured client account cheques, failure to keep proper accounts and abdication of supervisory responsibilities; these facts demonstrate the respondent is unfit to practise and must be struck off.
3 Jun 2019

THE LAW SOCIETY OF HONG KONG v. WAI TO TSUEN HAGON

Citation

[2019] HKCA 618
Court

Court of Appeal
Case number

CACV502/2018

The Court allowed the Law Society's appeal, holding the Tribunal's penalties were manifestly inadequate given the respondent's sustained, serious and flagrant breaches and persistent failure to respond; the appropriate sanction was suspension from practice for 3 years with post-suspension supervisory conditions for 3 years and an order for the respondent to pay the Law Society's costs as assessed.
20 Feb 2009

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

CACV31/2008

The Court upheld the three month suspension imposed on the second respondent as not plainly wrong, set aside the finding and penalties under complaint 25 because the agreed facts did not establish that the second respondent made the representation at the February meeting, and reduced and substituted the costs awards to HKD 30,000 for the applicant's solicitors and HKD 15,000 for the tribunal clerk.
27 Mar 2006

PERERA MALUGE JUDE ERROL SUSITH v. CHINA SYSTEM CO LTD

Citation

PERERA MALUGE JUDE ERROL SUSITH v. CHINA SYSTEM CO LTD
Court

Court of First Instance
Case number

HCLA68/2005

The application for leave to appeal was refused because the applicant failed to show any arguable error of law: the Tribunal was entitled to rely on contemporaneous documents and circumstances in assessing credibility and did not misinterpret relevant matters.
23 Jul 1992

RE A SOLICITOR

Citation

RE A SOLICITOR
Court

Court of Appeal
Case number

CACV51/1992

The Court upheld the disciplinary committee's findings of serious misconduct based on repeated failures to respond truthfully to queries, misleading statements and misleading statutory declaration, but found some allegations based on the conveyancing clerk were not proven to the required standard; the 18‑month suspension was excessive and was reduced to six months while censure and the three‑year restriction on practising except as an employed solicitor were upheld.
28 Dec 1982

THE LAW SOCIETY OF HONG KONG v. A SOLICITOR

Citation

THE LAW SOCIETY OF HONG KONG v. A SOLICITOR
Court

Court of First Instance
Case number

HCMP1441/1982

The Court held that the legislature intended solicitors to be disciplined primarily by the Law Society and that the Court should only in the rarest cases exercise its original jurisdiction under Section 14 at the Society's instance; the present application was not such a case and must be dismissed.

Hong Kong Case Law

THE LAW SOCIETY OF HONG KONG v. A SOLICITOR

THE LAW SOCIETY OF HONG KONG v. WAI TO TSUEN HAGON

THE LAW SOCIETY OF HONG KONG v. A SOLICITOR

PERERA MALUGE JUDE ERROL SUSITH v. CHINA SYSTEM CO LTD

RE A SOLICITOR

THE LAW SOCIETY OF HONG KONG v. A SOLICITOR