Re Chan Kin Lik

HCMP 120/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 120 OF 2013

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D E C I S I O N

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1.This is a rather unusual situation where the Bar Council and the Department of Justice appear and seek to be heard in this application to have the applicant’s name removed from the Roll of Barristers. The reason why they do so is in short that there is a pending disciplinary proceeding concerning the applicant. It is common ground that the Bar Council has a right of audience herein pursuant to s 33(b)(ii), Legal Practitioners Ordinance (Cap 159).

2.The Bar Council submits that the circumstances leading to the said disciplinary proceeding are serious enough for it to consider that disciplinary proceeding is warranted.

3.It also argues that if an order is made herein now, it would frustrate the said disciplinary proceeding which the Bar Council considers to be necessary to maintain public confidence in the profession.  The Bar Council’s above arguments are agreed to by the Department of Justice.

4.While I do not say that the said arguments are necessarily correct (they would have to be dealt with in the context of the said disciplinary proceeding), I consider the seriousness of those arguments is such that I should exercise my discretion to grant the adjournment sought.

Mr Lam Siu-wah, Joseph, instructed by Tsang, Chan & Woo, for the applicant

Mr Steven M W Kwan, instructed by Kwok, Ng & Chan, for the Hong Kong Bar Association

Mr William Liu, SGC (Ag) of Department of Justice