NG PAK CHUNG, ALEXANDER (the Respondent)

• Rule 2(d), (e), (f) of the Solicitors’ Practice Rules (SPR)
• Principle 6.01 of the Hong Kong Solicitors’ Guide to Professional Conduct, Volume 1 (2nd Edition) (the Guide)
• Conduct regarded as disgraceful, dishonorable or discreditable by a solicitor of good repute

Hearing date: 3 February 2010
Findings and order: 26 April 2010

On 26 April 2010, the Solicitors Disciplinary Tribunal found the following complaints against the Respondent proved on his own admission:

Charge 1
Breaches of rule 2(d) and (e) of the SPR in that the Respondent failed to consult and seek prior consent from the Director of Legal Aid (DLA) to instruct counsel to attend several hearings in a District Court Proceedings (the Case).

Charge 2
A breach of rule 2(f ) of the SPR in that the Respondent failed to inform the Court in several hearings in the Case that counsel had been instructed without prior approval from the DLA.

Charge 3
Breaches of rule 2(d) and (f ) of the SPR in that the Respondent improperly instructed counsel to ask for legal aid costs orders during 4 hearings in the Case.

Charge 6
Breaches of rules 2(d) and (f ) of the SPR in that the Respondent exaggerated medical conditions to provide an excuse for having instructed counsel to attend several hearings.

Charge 7
Breaches of rule 2(d) of the SPR and Principle 6.01 of the Guide in that the Respondent failed to inform the DLA of an alleged incapacity to deal adequately with the Case and continued to act despite such alleged incapacity.

Charge 10
Professional misconduct in that his conduct outlined above would reasonably be regarded as disgraceful, dishonourable or discreditable by a solicitor of good repute.

The Tribunal ordered:
1. the Respondent be censured;
2. the Respondent be fined the sum of HK$25,000; and
3. the Respondent to pay the sum of HK$150,000 towards the Applicant’s costs.

Mr Geoffrey Shaw of Deacons for the applicant.
Mr David N Brettell of Munros for the respondent.

Tribunal Members:
Mr Alan H Linning (Chairman)
Mr Peter KS Chan
Dr Lui Hon-Kwong

YAU LAI BING PEMALA (a clerk) (the Respondent)

• Section 2(2) of the Legal Practitioners Ordinance (Cap 159)
• Rule 2(a) and (d) of the Solicitors’ Practice Rules

Hearing date: 13 May 2010
Findings and Order: 13 May 2010

The Solicitors Disciplinary Tribunal found the following complaint against the Respondent proved:

The Respondent, being an employee of a law firm, misconducted herself within the meaning of section 2(2) of the Legal Practitioners Ordinance (Cap 159) by engaging in conduct which, by a solicitor, would be contrary to Rule 2(a) and (d) of the Solicitors’ Practice Rules, in that she misappropriated a total sum of HK$1,120,317.16 from her employer and was convicted of 18 charges of Theft contrary to section 9 of the Theft Ordinance (Cap 210) and was sentenced to a total of 16 months’ imprisonment in the District Court.

The Tribunal ordered that:
1. the Respondent be prohibited from being employed by any solicitors firm or foreign lawyers firm for a period of 20 years; and
2. the Respondent is to bear the costs of the proceedings.

Mr Ernest Tsui of Messrs CL Chow & Macksion Chan for the applicant.
The respondent was absent.

Tribunal Members:
Mr Leung Lit On (Chairman)
Mr Lam Wing Wo
Ms Lee Oi Man Grace