Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Restoration to roll

  • 8 Nov 1993

    In the matter of Barrister and the Inherent Jurisdiction of the Court

    Citation
    In the matter of Barrister and the Inherent Jurisdiction of the Court
    Court
    Court of First Instance
    Case number
    HCMP3758/1993

    The High Court has an inherent jurisdiction to restore the name of a barrister to the roll following voluntary removal; the repeal of statutory provision s.29(3) did not, absent clear legislative intent, abolish that inherent non‑disciplinary jurisdiction; the jurisdiction is discretionary and may be exercised with conditions to protect the public and the accuracy of seniority records; in the circumstances of this case the discretion was exercised in favour of restoration and no adverse condition on seniority was imposed, but administrative notation of the period of absence was required.

  • 21 Dec 1987

    RE JOHN RICHARD DUFFY

    Citation
    RE JOHN RICHARD DUFFY
    Court
    Court of First Instance
    Case number
    HCMP2579/1987

    Application refused because the applicant's convictions involved sexual offences with a former client, demonstrating conduct that directly related to his professional role and would significantly diminish public confidence in the profession; testimonials and absence of further convictions were insufficient to discharge the heavy burden for exceptional restoration, and no mechanism for limited reinstatement existed to mitigate that risk.