Solicitor jailed for pocketing $24,000 legal fee and deception
2014-7-10
A solicitor, charged by the ICAC, was today (Thursday) sentenced to six months’ imprisonment at the Eastern Magistracy after admitting that he had pocketed a legal fee of $24,000 belonging to a solicitors firm and deceived $3,000 from a client of the firm.
Tong Yee-chun, 67, a practising solicitor, today pleaded guilty to one count of theft and one count of obtaining property by deception.
In sentencing, Magistrate Mr David Chum Yau-fong reprimanded the defendant for taking advantage of his client’s nescience of legal proceedings and undermining public confidence in legal practitioners.
The magistrate added that the offences committed by the defendant constituted a serious breach of trust, warranting an immediate custodial sentence to serve as a deterrent.
Upon the defendant’s application, the magistrate granted him cash bail of $20,000, pending his appeal against sentence.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, the defendant was a practicing solicitor in Hong Kong and a consultant of Messrs Raymond Chan, Kenneth Yuen & Co., Solicitors (the solicitors firm).
On June 13, 2012, a restaurant owner met with the defendant at the solicitors firm after he was charged by the Immigration Department (ImmD) with employing an illegal worker.
At the meeting, the restaurant owner engaged the defendant as his legal representative in the legal proceedings at a legal fee of $30,000. Upon the defendant’s request, the restaurant owner paid him $1,000 in cash as an initial deposit.
The defendant and the restaurant owner subsequently negotiated the legal fee over the phone, and the legal fee was revised to $24,000.
On July 3, 2012, the restaurant owner discussed his case with the defendant at the solicitors firm. As the defendant insisted on receiving cash, the restaurant owner gave him $23,000 in cash instead of a cheque to settle the outstanding legal fee.
The defendant was required to deposit all clients’ legal fees into a bank account of the solicitors firm for profit sharing with other lawyers, but he had never reported to the solicitors firm that the restaurant owner had paid him the legal fee of $24,000
The court heard that a week later, the defendant told the restaurant owner over the phone that the ImmD requested a “court fee” of $2,000 for amending the charge laid against him.
The defendant later called the restaurant owner again, and told him that the “court fee” requested by the ImmD was $3,000 instead of $2,000.
On July 13, 2012 when the restaurant owner was due to enter plea to his charge at the Shatin Magistracy, upon the defendant’s request, the restaurant owner gave $3,000 in cash to him before entering the court room.
The ImmD confirmed that no “court fee” would be charged for amending charges against any defendant, the court was told.
The prosecution was today represented by Acting Senior Public Prosecutor Jonathan Lin, assisted by ICAC officer Thomas Ho.
Tong Yee-chun, 67, a practising solicitor, today pleaded guilty to one count of theft and one count of obtaining property by deception.
In sentencing, Magistrate Mr David Chum Yau-fong reprimanded the defendant for taking advantage of his client’s nescience of legal proceedings and undermining public confidence in legal practitioners.
The magistrate added that the offences committed by the defendant constituted a serious breach of trust, warranting an immediate custodial sentence to serve as a deterrent.
Upon the defendant’s application, the magistrate granted him cash bail of $20,000, pending his appeal against sentence.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the above offences.
The court heard that at the material time, the defendant was a practicing solicitor in Hong Kong and a consultant of Messrs Raymond Chan, Kenneth Yuen & Co., Solicitors (the solicitors firm).
On June 13, 2012, a restaurant owner met with the defendant at the solicitors firm after he was charged by the Immigration Department (ImmD) with employing an illegal worker.
At the meeting, the restaurant owner engaged the defendant as his legal representative in the legal proceedings at a legal fee of $30,000. Upon the defendant’s request, the restaurant owner paid him $1,000 in cash as an initial deposit.
The defendant and the restaurant owner subsequently negotiated the legal fee over the phone, and the legal fee was revised to $24,000.
On July 3, 2012, the restaurant owner discussed his case with the defendant at the solicitors firm. As the defendant insisted on receiving cash, the restaurant owner gave him $23,000 in cash instead of a cheque to settle the outstanding legal fee.
The defendant was required to deposit all clients’ legal fees into a bank account of the solicitors firm for profit sharing with other lawyers, but he had never reported to the solicitors firm that the restaurant owner had paid him the legal fee of $24,000
The court heard that a week later, the defendant told the restaurant owner over the phone that the ImmD requested a “court fee” of $2,000 for amending the charge laid against him.
The defendant later called the restaurant owner again, and told him that the “court fee” requested by the ImmD was $3,000 instead of $2,000.
On July 13, 2012 when the restaurant owner was due to enter plea to his charge at the Shatin Magistracy, upon the defendant’s request, the restaurant owner gave $3,000 in cash to him before entering the court room.
The ImmD confirmed that no “court fee” would be charged for amending charges against any defendant, the court was told.
The prosecution was today represented by Acting Senior Public Prosecutor Jonathan Lin, assisted by ICAC officer Thomas Ho.