梁耀祥大律師專業失當行為罪成 - Barrister Kelvin Leung (Leung Yiu Cheung of Counsel) Guilty of Professional Misconduct
By a Decision dated 21st September 2011, a Barristers Disciplinary
Tribunal found four (4) charges of misconduct against Mr. Leung Yiu Cheung (also
known as Kelvin Y.C. Leung) (“Leung”). Subsequently, by a Decision on Sentence
dated 20th December 2011, the Barristers Disciplinary Tribunal ordered inter
alia that Leung be suspended from practice for a total period of 3 months.
On the 9th January 2012, Leung appealed against the suspension order. On
21st November 2012, the Court of Appeal dismissed Leung’s appeal. As a
consequence of the dismissal of appeal, the suspension ordered by the Barristers
Disciplinary Tribunal takes effect from 21st December 2012 to 20th March 2013
(both dates inclusive).
Charge 6: -
In May 2008, Barrister Leung Yiu Cheung (also known as Kelvin
Y C Leung) of Counsel (梁耀祥大律師) acted or attempted to act in the dual capacities
of counsel and witness in the same matter (namely a litigation in the High Court
between Right Star Investment Company Limited and Grand Palace Limited), which
is prejudicial to the administration of justice and contrary to the ethics and
etiquette of his profession, contrary to paragraphs 6(b) and 6(c) of the Code of
Conduct of the Bar.http://hkba.org/the-bar/discipline/bdt/Decision%20on%20Sentence.pdf
Paragraph
9: -
"We consider that the facts of this case are rather serious,
particularly because as a result of [the conduct of Barrister Leung Yiu Cheung
(also known as Kelvin Y C Leung) of Counsel (梁耀祥大律師)] and the gentle reminder
letter from the Court of Appeal, the Respondent's client was forced to engage
another barrister for the case on very short notice."
(Source: http://www.uwants.com/viewthread.php?tid=15692999&extra=page%3D17)
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