Ming Pao Exclusive Report

In May 2022, during the investigation of the “612 Humanitarian Support Fund” case, the Police National Security Department accused certain barristers and solicitors of professional misconduct and filed complaints with two legal associations. After the Bar Association earlier this year found no evidence of misconduct involving 38 barristers, some solicitors involved have recently received investigation results. These results ruled that the implicated behaviors violated the “Solicitors’ Practice Rules” and could potentially damage personal or professional reputations. However, according to preliminary information obtained by this newspaper, only written warnings have been issued by the Law Society so far, with no cases yet referred to the Solicitors Disciplinary Tribunal for potential revocation of practicing certificates.

Ming Pao Reporter, Lam Lai

Unclear Whether Investigations Still Ongoing and No Response From Association

The Law Society in January revealed they received 16 complaints, with investigations on 10 completed and under review, with the most severe cases potentially referred to the Solicitors Disciplinary Tribunal. Responses to inquiries about whether all investigations have concluded are pending. In terms of whether there are cases referred to the Solicitors Disciplinary Tribunal is also unclear. 

Former President of the Law Society and Legislative Council member for the legal sector, Ambrose Lam San-keung, believes that the Law Society has made decisions based on their mechanism. Although sending letters is a relatively mild form of action, it is still a form of disciplinary action. Another former president and member, Junius Ho Kwan-yiu, commented that the 2019 social incidents were severe, and merely sending letters of regret is inadequate.

Most Cases Are Accusations of Failing Anti-Money Laundering Due Diligence

Many solicitors were reportedly not conducting anti-money laundering due diligence on transactions involving the unregistered 612 Fund, which could potentially endanger their independence and integrity. The Law Society has decided to issue letters of disapproval or regret, reminding them through standard procedures that repeated offenses will consider initiating disciplinary hearings, and these letters will be archived.

It is reported that the solicitors involved were generally accused of not conducting anti-money laundering due diligence on transactions involving the 612 Fund, and of claiming to assist clients as a duty while actually receiving payments.

According to the “Hong Kong Solicitors’ Guide to Professional Conduct,” the Law Society can issue letters of regret or reprimand to the complained solicitors. If there is sufficient reason, the Society’s Review and Disciplinary Standing Committee can refer the matter to the Solicitors Disciplinary Tribunal to initiate disciplinary proceedings. Under the “Legal Practitioners Ordinance,” the tribunal has the authority to disbar, temporarily suspend licenses, reprimand, or fine solicitors.

Ambrose Lam Trusts the Law Society to Value Public Interest

Junius Ho Says No Reason to Just Issue Letters of Regret

Ambrose Lam stated that while letters of reprimand are relatively mild, they serve as a warning and sanction, causing considerable anxiety in the industry. He believes that the Law Society, through its committees, thoroughly studies and understands the causes and effects of cases and makes decisions after comparing them with cases of similar nature, prioritizing public interest over industry interests.

Junius Ho, on the other hand, says that the severity of each case must be considered and questions the logic of merely issuing a letter of regret without further investigation if the allegations are serious and the accused played a role. He noted that even though the National Security Law was not in place when the fund was established, anyone who assists, incites, or encourages illegal actions should consider whether this damages the industry’s reputation.

Legislative Council member Paul Tse Wai-chun, who is also a lawyer, agrees that the Law Society handles matters professionally, providing a lesson rather than merely penalizing every time, which would give the impression of a lack of rule of law. He believes some members of the establishment might have objections to how cases are handled, but personally thinks that issuing a warning letter is appropriate, especially since the cases involve multiple sensitive individuals, and a lighter handling is justifiable.