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criminal law

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by

Cyndi Cobain

on 14 November 2016

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Transcript of criminal law

Professional Conduct
SG 9
Chan Si Ching, Cyndi
53025284
LEUNG King Wai William
The Tribunal ordered:
1.the Respondent shall over the period of 24 months commencing from the date
of the Order enroll in courses amounting to no less than 20 CPD points related
to the practice of conveyancing under the Continuing Professional
Development program run by the Law Society of Hong Kong in addition to his
yearly CPD requirement;

2. as for Complaints 3 to 5, the Respondent shall pay a fine of HK$5000 on each of
the Complaints (total: HK$15,000);

3. the Respondent shall bear 50% of the Law Society costs, including those of the
Law Society, its solicitors and its Counsel, on a party to party basis to be taxed
if not agreed;

4. both the Respondent and the Law Society shall further bear 50% of the costs of
the Clerk to be taxed if not agreed.
The Solicitors Disciplinary Tribunal found that Seven complaints against the respondent of breaching Rule 5C(1) of the Solicitors’ Practice Rules for
acting for both vendor and purchaser in the sale or other disposition of land for value


Rule 5C(1) of the Solicitors’ Practice Rules
- “ Subject to sub-rules (2), (3), (4) and (5), a solicitor, or 2 or more solicitors practicing in partnership or association, shall not act for both the vendor and the purchaser on a sale or other disposition of land for value.”
The Tribunal ordered:
That the respondent be censured;
That the respondent be fined $7,000 for each complaint, totalling $49,000;
That the costs of and incidental to the proceedings of the Tribunal including all prior inquiries and investigations in relation to the matters before the Tribunal be paid by the respondent, such costs to be taxed if not agreed on a full indemnity basis.
Chan Chung Yee Eddie
the Solicitors Disciplinary Tribunal found
1st and 2nd Complaints against the Respondent proved after trial and
the Respondent admitted the 3rd to 5th Complaints on his own plea:
1st Complaint
Breach of
Rules 2(a), 2(d) and 2(e)
of the Solicitors’ Practice Rules in that while acting in a small house development relating to Lot No 4805B1B in DD Lot No 116, the Respondent
made representation
to the Hong Kong Government that one Mr Lam was the true owner of the said Lot and in fact it was not the case.

2nd Complaint
Breach of
Rules 2(a), 2(d) and 2(e)
of the Solicitors’ Practice Rules in that while acting in a small house development relating to Lot No 4805B1A in DD Lot No 116, the Respondent
made representation
to the Hong Kong Government that one Mr Lam was the true owner of the said Lot and in fact it was not the case.

3rd Complaint
Breach of
Rule 10(1)(b)
of the Solicitors’ Accounts Rules in that the Respondent, being the sole proprietor of Messrs CY Chan & Co,
failed to keep properly written up books or accounts
.

Rules 2(a), 2(d) and 2(e)
of the Solicitors’ Practice Rules
A solicitor shall not, in the course of practicing as a solicitor, do or permit to be done on his behalf anything which compromises or impairs or is likely to compromise or impair-

(a) his independence or integrity;

(b) the freedom of any person to instruct a solicitor of his choice;
(c) his duty to act in the best interests of his client;

(d) his own reputation or the reputation of the profession;
(e) a proper standard of work;
or
(f) his duty to the court.

4th Complaint
Breach of
Rule 10(2)(b)
of the Solicitors’ Accounts Rules in that the Respondent, being the sole proprietor of Messrs CY Chan & Co,
failed to record two dealings with client money in the client account within 3 working days after the date of the dealings
.

5th Complaint
Breach of
Rule 10(2)(b)
of the Solicitors’ Accounts Rules in that the Respondent, being the sole proprietor of Messrs CY Chan & Co,
failed to record one dealing with client money in the client account within 3 working days after the date of the dealing.

Rule 10(1)(b) & (2)(b) of the Solicitors’ Accounts Rules
(1) Every solicitor shall at all times keep properly written up such books and accounts as may be necessary-
(a) to show all his dealings with-
(i) clients’ money held, received or paid by him; and
(ii) any other money dealt with by him through a client account; and

(b) to distinguish such money held, received or paid by him on account of each separate client and to distinguish such money from other money held, received or paid by him on any other account.

(2)(b) All dealings referred to in paragraph (1)(a) shall, within 3 working days after the date of such dealings, be recorded in-
a clients' ledger, or a clients' column on the credit side or debit side, as may be appropriate, of a ledger, and no other dealings shall be recorded in such clients' cash book and ledger, or, as the case may be, in such clients'
columns.
Full transcript