畢保麒律師, 馮樹華律師 及 利炳輝律師專業失當罪成 (Solicitors Bruke, Fung & Li Found Guilty of Professional Misconduct)

Lawyer Burke Patrick Michael (畢保麒律師) (R1) Lawyer Fung Shu Wah (馮樹華律師) (R2) Lawyer Li Ping Fai Tommy (利炳輝律師) (R3)

Hearing dates: 8 March 2011, 2 June 2011 and 4 August 2011
Findings and order: 19 October 2011
The Solicitors Disciplinary Tribunal found the following two Complaints against the Respondents proved on their own admissions:

The 1st Complaint
Breaches of s 8 of the LPO, Rule 8 of the ARR and Principle 2.03 of the Guide in that the Respondents, being the three proprietors of Messrs Burke, Fung & Li ('the Closed Firm'), failed to provide the final accountant's report within six months of the Closed Firm ceasing business (the Closed Firm ceased practice on 30 September 2007).

The 2nd Complaint
Breach of Rule 2(d) and (e) of the SPR in that the conduct of the Respondents compromised or impaired or was likely to compromise or impair their own reputation or the reputation of the profession and a proper standard of work.

Having considered the Respondents' respective mitigation submissions (including the fact that the Closed Firm had filed its final accountant's report with the Law Society on 12 July 2011), the Tribunal ordered that:

(a) all the Respondents be censured;
(b) each Respondent be fined a sum of HK$60,000 for the 1st and 2nd Complaints; and
(c) all costs of these proceedings and prior investigation including the costs of the Clerk, the Prosecutor and the Law Society, be borne by the Respondents and to be taxed on party and party basis if not agreed.

(Source: http://www.hk-lawyer.org/tc/article.asp?articleid=1814&c=121)