Hong Kong Barrister Chan Ka Sing Misconduct Convicted 陳家昇大律師失德行為罪成

Hong Kong Barrister Chan Ka Sing Misconduct Convicted 陳家昇大律師失德行為罪成 

On 12 November 2018, two Complaints were lodged with the Convenor of the Barristers Disciplinary Tribunal (“the BDT”) against Mr. Chan Ka Sing (“Mr. Chan”) concerning his conduct when he was instructed to represent a defendant in High Court Criminal Case No. 145 of 2014 (“the Criminal Case”).  The Complaints are, in summary, as follows:

(i) Complaint 1: Mr. Chan failed his duty as a practising barrister to be competent in all his professional activities when representing the defendant in the Criminal Case in mitigation.

(ii) Complaint 2: Mr. Chan took instructions from the defendant prior to the hearing of the Criminal Case without the presence of the person instructing him or his representatives.

Hong Kong Lawyer Counsel Barrister Mr Chan Ka Sing (陳家昇大律師) admitted to the Complaints in the BDT proceedings. 

By a Statement of Findings dated 24 January 2019, the BDT found Mr. Chan guilty of the two Complaints, and ordered that:

(1) On Complaint 1: Mr. Chan be suspended from practice for a period of six weeks.

(2) On Complaints 2: Mr. Chan be censured.

(3) Mr. Chan is to pay the costs of and incidental to the proceedings of the BDT and the costs of any prior inquiry or investigations in relation to matters before the BDT, on an indemnity basis, to be taxed if not agreed.

(4) The Statement of Findings and Orders by the BDT be published by way of a Bar Circular and by it being posted on the Bar Association’s website for the period of the suspension; and

(5) The Statement of Findings and Orders by the BDT are to be sent to the Complainant and to the Director of Legal Aid.

By Further Order dated 22 February 2019, the BDT ordered that the date of commencement of Mr. Chan’s suspension from practice is 29 January 2019.

https://www.gld.gov.hk/egazette/pdf/20192310/cgn201923101784.pdf