2013年9月16日 星期一

Barrister and Senior Counsel Daniel Fung SC (馮華健資深大律師) Found Guilty of Professional Misconduct

Barrister Daniel Fung SC (馮華健資深大律師), a Senior Counsel, was found guilty of professional misconduct on February 1 by the tribunal, chaired by Peter Ng Kar-fai SC. On June 2, he was censured and ordered to pay a penalty of HK$300,000.

He was found guilty of failing to inform the Court of Appeal in 2005 about clauses of a legislative provision that were unfavourable to his client, Hong Kong Island Development, in a tenancy lawsuit. The firm is a unit of New World Development Group. According to a note on the tribunal's judgment, Fung's failure to draw the court's attention to the point was contrary to the Bar's Code of Conduct. The full judgment has not been made public and the Bar Association says it is not its practice to do so.

(Source: http://www.scmp.com/article/719003/daniel-fung-panel-took-three-years-form)

We wish to clarify the timing with the following chronology.

The report concerned disciplinary proceedings against Barrister Daniel Fung Wah Kin (馮華健資深大律師), a Senior Counsel, which arose from a Court of Appeal hearing in 2005.

Fung received a letter from the Bar Association dated October 27, 2006, informing him the Bar Council had decided the matter be inquired into by a Barristers Disciplinary Tribunal, and that it would be submitted to the tribunal convenor.

On May 2, 2007, Tong was requested by the Bar Association to set up the tribunal. He sent Fung a notice dated June 5, 2007, informing him that a tribunal had been constituted, providing names of panel members including Peter Ng Kar-fai SC, who sat as its chairman.

On September 12, 2007, a directions hearing was held before the tribunal and the substantive hearing began on April 24, 2008.

Fung was found guilty of professional misconduct by the tribunal on February 1, this year. He was censured and ordered to pay a penalty of HK$300,000 on June 2.

(Source: http://www.scmp.com/article/719306/corrections-clarifications)

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