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In the last two years, against the backdrop of a worldwide financial crisis, we have witnessed in other jurisdictions the self-regulation regimes of the great professions beginning to give way to independent regulators, leaving the professional bodies with educational and marketing functions. Hong Kong remains relatively unaffected by this trend and has only felt its impact when considering the common law as practised in other jurisdictions and in the context of a comparative jurisprudence referencing international practice and standards. Nevertheless, there have been a number of important developments in recent years in disciplinary proceedings law in Hong Kong, particularly regarding the requirements for legal representation and the role of legal advisers.
Disciplinary and Regulatory Proceedings in Hong Kong is divided into two parts. Part I deals with the law in disciplinary proceedings generally. It chronicles the various stages of the proceedings, including concepts of misconduct, investigation, pre-hearing, hearing, penalty and costs, appeal and judicial reviews. There is also a chapter devoted to current issues, including advertising, conflicts of interest and competition. Part II deals with the various professions. These are broadly divided into the medical and para-medical professions, the legal professions, the construction professions, the accounting profession, the economic and financial professions, and other social professions or groups, all of whom make contributions to Hong Kong's modern and civilised society.
This text is the first of its kind and will become the leading reference for practitioners, judges, jurists and those wishing to research and understand all facets of Hong Kong's law relating to disciplinary proceedings.