Chan Chiu Kwok, Charles v The Hong Kong Institute Of Surveyors

CourtCourt of Final Appeal (Hong Kong)
Judgment Date17 Jul 2013
Judgement NumberFAMV6/2013
SubjectMiscellaneous Proceedings (Civil)
FAMV6/2013 CHAN CHIU KWOK, CHARLES v. THE HONG KONG INSTITUTE OF SURVEYORS

FAMV No. 6 of 2013

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 6 OF 2013 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACV NO. 227 OF 2011)

_____________________

Between:

CHAN CHIU KWOK, CHARLES Applicant
and
THE HONG KONG INSTITUTE OF SURVEYORS Respondent

_____________________

Appeal Committee: Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Mr Justice Tang PJ
Hearing and Decision: 12 July 2013
Handing Down of Reasons: 17 July 2013

_________________________

DETERMINATION

_________________________

Mr Justice Ribeiro PJ:

1. We dismissed this application for leave to appeal with reasons to be given later. We now provide our reasons.

2. The applicant was admitted as a member of The Hong Kong Institute of Surveyors (“HKIS”) in November 1988 and is currently a Fellow in the Professional Grade in the Division of General Practice. He has also, since 1995, been a Registered Professional Surveyor (“RPS”).

3. In 2010, HKIS received from the Securities and Futures Commission, an anonymous complaint about the applicant in relation to a valuation report prepared for a public listing. HKIS took up the complaint. After initial investigations by a Preliminary Review Committee leading to the appointment of a Committee of Investigation, the applicant was informed that a formal charge would be drawn up and a Disciplinary Board appointed. At that point, the applicant commenced proceedings against HKIS for judicial review. Reyes J[1] refused his application for judicial review and his appeal against such refusal was dismissed by the Court of Appeal.[2] The Court of Appeal refused him leave to appeal to this Court[3] and his application for leave was therefore heard by the Appeal Committee.

4. The applicant submits that two questions of great general or public importance arise from his application for judicial review as follows:

Question 1

“Where an individual is both a member of the Hong Kong Institute of Surveyors (“HKIS”) and also a registered professional surveyor within the meaning of s 2 Registered Professional Surveyors Ordinance, Cap 417 (“SRO”) and a complaint is made concerning his conduct to the HKIS, must it first refer the complaint to the Registrar of the Surveyors Registration Board established under s 3 SRO before giving consideration to initiating disciplinary proceedings itself under the By-laws of the HKIS?”

Question 2

“Where, under the HKIS Rules of Conduct, the Preliminary Review Committee (“PRC”) of the HKIS has decided that a Case made against a member should be dealt with by the Committee of Investigation and, pursuant to Rule 4.2.2 of the Rules of Conduct, the Honorary Secretary informs a member of that fact, must the member also be informed of the Case that was considered by the PRC at the same time?"

Question 1

5. Kwan JA, writing for the Court of Appeal, held that Question 1 was not reasonably arguable by the applicant for the reasons given in her Ladyship’s judgment...

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