| Mr. Ma Yan Kwok (also known as Lawrence Y.K. Ma) |
By a Decision on Sentence and an Order both dated 12 June 2014, a Barristers Disciplinary Tribunal found one (1) complaint of professional misconduct against Mr. Ma Yan Kwok (“Ma”) to have been proved and ordered, inter alia, that Ma be suspended from practising as a barrister in Hong Kong for a period of one (1) month.
The suspension ordered by the Barristers Disciplinary Tribunal takes effect from 4 July 2014 to 3 August 2014 (both dates inclusive).
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The seriousness of the misconduct
22. First, the misconduct was sufficiently serious (and very serious, if necessary) to warrant suspension, albeit for a short period, having regard to the circumstances:-
(1) Mr. Ma used highly offensive language, repeatedly, on a formal occasion, in a public place. Such language included "You are not a bloody Chinese" and "You are not even a fucking Chinese". Such offensive language was not strictly "one off ", but took place over several minutes. He must have known that being in the Legislative Council, his words and conduct would be recorded and easily publicized and accessible by the public.
(2) Although his misconduct was not in the course of his practice as he appeared in his capacity as the Vice Chairman of the Association of Hong Kong Professionals, it was apparent and he made clear, that he was a Hong Kong Barrister. The consequence of his highly unusual conduct was dearly to bring the profession of barrister (and himself) into disrepute, and to damage the public's trust in barristers. On the evidence, the Bar was "swamped with complaints", with at least 279 complaints lodged by members of the public.
The Bar's reputation depends on the dignity and high standing of its members. Mr. Ma's conduct was disgraceful and dishonourable. It was also aggravated by his highly patronizing language and demeanour which made clear that he considered himself superior because he was a barrister and had "credentials", unlike Mr. Leung...
39. For all the reasons above, in our discretion, this Tribunal orders as follows :-
39. For all the reasons above, in our discretion, this Tribunal orders as follows :-
(1) Mr. Ma be suspended from practising as a barrister in Hong Kong for 1 month from the date immediately upon the expiry of the period of appeal against this Tribunal's decision and in the event of an appeal, from the date of disposal of the appeal...
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