Kwong Ka Yin Phyllis (the ‘Respondent’)

• Principle 4.16 of the Hong Kong Solicitors’ Guide to Professional Conduct, Volume 1, 2nd Ed (the ‘Guide’)

Hearing date:

22 August 2017

Findings and Order:

21 December 2017

The Solicitors Disciplinary Tribunal (‘Tribunal’) found the following complaints against the Respondent proved on her own admission :

1st Complaint

Breach of principle 4.16 of the Guide in that on or about 5 December 2013, the Respondent entered into a retainer agreement (the ‘First Retainer Agreement‘) with a company (the ‘1st company‘) to act for the 1st company in respect of a High Court proceedings (the ‘Court Proceedings‘), in circumstances where the First Retainer Agreement amounted in part to a contingency fee arrangement for the Respondent acting in contentious proceedings.

2nd Complaint

Breach of principle 4.16 of the Guide, in that on or about 5 December 2013, the Respondent entered into a retainer agreement (the ‘Second Retainer Agreement‘) with a company (the ‘2nd company‘) to act for the 2nd company in respect of the Court Proceedings, in circumstances where the Second Retainer Agreement amounted in part to a contingency fee arrangement for the Respondent acting in contentious proceedings.

3rd Complaint

Breach of principle 4.16 of the Guide, in that on or about 5 December 2013, the Respondent entered into a retainer agreement (the ‘Third Retainer Agreement‘) with a company (the ‘3rd company‘), to act for the 3rd company in respect of the Court Proceedings, in circumstances where the Third Retainer Agreement amounted in part to a contingency fee arrangement for the Respondent acting in contentious proceedings.

The Tribunal ordered :

(a) The Respondent be censured;
(b) The Respondent be fined a total sum of HK$6,000 in respect of the 1st Complaint, the 2nd Complaint and the 3rd Complaint;
(c) By consent, the 4th Complaint be withdrawn;
(d) The costs of the proceedings including the costs of the Clerk and the costs of the investigation by the Law Society be borne and paid by the Respondent on a party-and-party basis, to be taxed if not agreed. The costs of the Clerk having been agreed at a fixed sum; and
(e) The Respondent’s application under s. 13A of the Legal Practitioners Ordinance, Cap.159 for a non-publication order be dismissed with no order as to the costs.

Mr. Glenn Haley of Haley Ho & Partners for The Law Society of Hong Kong.
Mr. Clive Grossman S.C. for the Respondent on the instructions of Messrs. H M Tsang & Co.
Mr. Iu Ting Kwok, Clerk to the Tribunal.

Tribunal Members:

Mr. Albert Bux (Chairman)
Mr. Yuen Tat Tong
Ms. Lee Sau Wai, Cecilia

Jurisdictions: