Letters | Lawyers should not face personal criticism for doing their best to represent clients

The letter published by your newspaper refers to an “appalling comment” which the author says was made by Mr Chan in the proceedings. Unfortunately, the way in which the letter is worded could lead some readers to believe, erroneously, that submissions made by Mr Chan SC in court, on behalf of the Housing Authority, reflected Mr Chan’s personal views. Moreover, readers may also be led to believe (again, wrongly) that Mr Chan, merely by appearing as counsel for the Housing Authority, shares the opinions of the Authority.

As fellow lawyers, although acting on the other side from Mr Chan SC in this case, we feel compelled to point out the following:

Principle 18 of the UN Basic Principles on the Role of Lawyers provides that: “Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.”

The Code of Conduct of the Hong Kong Bar Association provides that: “A practising barrister must not, when conducting his case, assert his personal opinion of the facts or the law to the Court unless invited by the Court to do so.”

Further, it is the duty of solicitors and members of the Bar to defend their client’s position to the best of their abilities, whether or not they agree with them or their cause.