Hong Kong Case Law: Decisions & Judgments

Topic

Solicitors practice rules

Legal area

Court

16 Aug 2017

TSE CHUN WAI v. LEUNG KWOK KIN JOSEPH t/a JOSEPH LEUNG & ASSOCIATES

Citation

TSE CHUN WAI v. LEUNG KWOK KIN JOSEPH t/a JOSEPH LEUNG & ASSOCIATES
Court

Court of First Instance
Case number

HCA1981/2013

The alleged Commission Agreement contravened Rule 4 of the Solicitors' Practice Rules and is therefore illegal, void and unenforceable; accordingly the contractual claim is dismissed and may be struck out as disclosing no reasonable cause of action; however the plaintiff's alternative quantum meruit claim for reasonable remuneration for services rendered is not struck out and may proceed because the parties are not equally blameworthy and the claim seeks payment for services rather than enforcement of the illegal profit-sharing agreement.
17 Mar 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

CACV181/2003

The Tribunal's three factors (duty to check accounts/statutory declarations, admission of general awareness, and two-partner firm inference) were insufficient, singly or collectively, to establish the requisite knowledge or involvement for professional misconduct; therefore the finding of professional misconduct was unsafe and must be set aside, with an order nisi for costs in favour of the appellant.
18 Jun 1997

CHAN SIU CHUNG v. LAW SOCIETY OF HONG KONG

Citation

CHAN SIU CHUNG v. LAW SOCIETY OF HONG KONG
Court

Court of Appeal
Case number

CACV73/1997

The court held that the phrase 'where a firm acts for a client in relation to that client's criminal litigation' in rule 5D(a) is to be given a broad construction to include preparatory, incidental or anticipatory acts (such as attending an identification parade likely to lead to criminal proceedings); accordingly rule 5D applied and the Tribunal's finding on charge 4 was upheld. The plea of guilty did not preclude appeal but the authority relied on did not avail the appellant. The Tribunal's penalties were not so wrong or unjustified as to warrant interference by this Court.

Hong Kong Case Law

TSE CHUN WAI v. LEUNG KWOK KIN JOSEPH t/a JOSEPH LEUNG & ASSOCIATES

A SOLICITOR v. THE LAW SOCIETY OF HONG KONG

CHAN SIU CHUNG v. LAW SOCIETY OF HONG KONG