Hong Kong scholar files legal bid against Law Society decision to file complaints against him

A Hong Kong authorized scholar accused of breaches of confidentiality has applied to legally problem the Legislation Society’s conclusion to post two grievances about him to a group that specials with the conduct of solicitors.

Eric Cheung, a principal lecturer at the University of Hong Kong (HKU), submitted the software for go away to use for judicial overview to the Significant Courtroom final week. The scholar said the Law Society’s choice to post its issues to the Solicitors Disciplinary Tribunal Panel was “illegal” and “procedurally irregular” due to the fact it experienced bypassed appropriate channels.

The Legislation Society’s decision also went from Cheung’s “legitimate expectation” that the solicitors team really should act in accordance to its general public regulation responsibility, Cheung wrote in the application.

Judicial testimonials are viewed as by the Court docket of 1st Instance and analyze the choice-building processes of administrative bodies. Troubles less than review must be demonstrated to impact the wider general public curiosity.

Cheung questioned the courtroom to quash the conclusion and buy related disciplinary tribunal proceedings to be paused “pending” the end result of Cheung’s application for a judicial assessment.

Cheung stated in his application that he had factors to feel that the two issues were filed devoid of heading by the Investigation Committee and the Standing Committee on Compliance as policy stated they should.

The scholar also explained that he experienced nonetheless to get files which include Council minutes “despite repeated requests.”

Alleged confidentiality breaches

The HKU scholar was accused of breaching confidentiality on two occasions in 2020, and the Council of the Legislation Society sooner or later submitted two complaints to the Tribunal Convenor of the Solicitors Disciplinary Tribunal Panel.

The 1st incident took place in March 2020, when, according to the Law Modern society, Cheung confirmed portion of a letter from the society’s president to then-legislative councillor Dennis Kwok 3 days right before the letter was scheduled to be sent to Legislation Modern society customers on March 30.

The council afterwards handed a vote of no assurance in Cheung. The team also referred the incident to the Carry out Segment for investigation.

Then, in May possibly, Cheung disclosed that a assertion issued about a misunderstanding surrounding then Law Culture president Melissa Pang on behalf of “all members” of the council was in point passed by “the majority.” How members had voted on the issue was supposed to continue to be private.

An impartial panel was then fashioned by the society to look into the make any difference, which ruled in July that 12 months that Cheung breached his duty of confidence.

The two issues were then referred to the disciplinary tribunal panel.

The Law Culture claimed in a assertion released on Monday night that it would not comment on unique circumstances.

It also claimed that if the Regulation Society had explanation to believe that any lawyers violated applicable policies, the society would carry out investigations in accordance to the Lawful Practitioners Ordinance, and take care of each situation “fairly, impartially, and meticulously,” no matter of the standing or qualifications of the member in problem.

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