14 Nov 2012
CHAN CHIU KWOK, CHARLES v. THE HONG KONG INSTITUTE OF SURVEYORS
- Citation
- CHAN CHIU KWOK, CHARLES v. THE HONG KONG INSTITUTE OF SURVEYORS
- Court
- Court of Appeal
- Case number
- CACV227/2011
Appeal dismissed. The Court held that the SRO does not, by implication, displace disciplinary Bye-Laws and Rules of Conduct voluntarily accepted by HKIS members; dual disciplinary regimes can coexist and an RPS is not immune from HKIS procedures absent a referral to the Board. On Rule 4.2.2 the Court held there is no inflexible requirement that the Case be provided to the member before the CoI makes its recommendation because the CoI has express discretion under Rule 4.2.3 to decide how to investigate, and the complaint was premature as no formal charge had been drawn and HKIS had not refused…