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Solicitor seeks to overturn ruling on public hearing ban

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Maverick solicitor Paul Tse Wai-chun is seeking to overturn a judge's decision upholding a disciplinary tribunal's refusal to hold proceedings against him in public.

Philip Dykes, SC, for the lawyer, argued in the Court of Appeal yesterday that Mr Justice Michael Hartmann was wrong in not categorising the Solicitors' Disciplinary Tribunal as a public authority.

The tribunal, Mr Dykes said, was a publicly funded statutory body and the government's involvement did not stop with its funding. There was no justification for singling out the profession of solicitors for 'special treatment', he said.

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It is the only disciplinary body constituted by statute in Hong Kong that is required to conduct all its proceedings in camera.

Mr Dykes said his client was entitled to have his disciplinary proceedings open to the public, who had a legitimate interest in the workings of the tribunal.

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In ruling against Mr Tse last year, Mr Justice Hartmann held that the tribunal was not a public authority and did not come within the bounds of a judicial review.

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