THE LAW SOCIETY OF HONG KONG V. SHAM YICK CHUN GARY AND OTHERS

[2025] HKCA 676 Court of Appeal 22 July 2025 • CACV189/2023 • 36 min read

6 cases cited (0 HK, 6 foreign)

Outcome

Appeal allowed

the appeal is allowed and oppose an order remitting the complaints to be heard by a differently constituted tribunal.

Source: [2025] HKCA 676, Court of Appeal, decided 22 July 2025. Read directly from the judgment.

Judges (3)

Barma Coram G Lam Coram Kwan Coram

Counsel (4)

Deacons Firm John W Wong & Co Firm C W Ling Counsel Applicant Ronald Tang Counsel Respondent

Case Significance

THE LAW SOCIETY OF HONG KONG V. SHAM YICK CHUN GARY AND OTHERS [2025] HKCA 676 is a Court of Appeal decision dated 22 July 2025 concerning solicitors' disciplinary proceedings, engaging the Evidence Ordinance and section 2(2) of the Legal Practitioners Ordinance together with the Rules of the High Court. The Court of Appeal allowed the appeal, holding that "the appeal is allowed and oppose an order remitting the complaints to be heard by a differently constituted tribunal."

Summary

The Law Society of Hong Kong brought disciplinary proceedings against solicitor Sham Yick Chun Gary and former staff of his closed firm Sham & Co. The case involved charges relating to the conduct of the solicitor and his clerks under the Legal Practitioners Ordinance, with issues concerning hearsay evidence admissibility and delay. The Court of Appeal considered the appeal against the Solicitors Disciplinary Tribunal's determination and sentencing.

What did the Court of Appeal decide in The Law Society of Hong Kong v Sham Yick Chun Gary ([2025] HKCA 676)?

In THE LAW SOCIETY OF HONG KONG V. SHAM YICK CHUN GARY AND OTHERS [2025] HKCA 676, the Court of Appeal allowed the appeal concerning solicitors' disciplinary complaints, addressing whether the complaints should be remitted for hearing by a differently constituted tribunal under the Legal Practitioners Ordinance.