Hong Kong Bar Association

On 14 September 2010, the Bar Council lodged two Complaints against Lynda Mary Allison Shine (“Shine”) with the Convenor of the Barristers Disciplinary Tribunal (“the BDT”). A BDT was duly convened to inquire into the Complaints, which are as follows:

Complaint 1 :

That, contrary to paragraph 130 of the Code of Conduct of the Bar and on 22 October 2009, Shine (as a practising barrister) attempted to knowingly mislead the Court of Appeal at the appeal hearing in CACC 309/2008 (“the Appeal”) by testifying that the Defendants in DCCC 290 of 2008 (“the Trial”) had changed the factual basis of their instructions in the course of the Trial from

(1) alleging a “frame-up” by Hiteshkumar Patel (“PW1”) whom the Defendants had previously met and had an appointment to meet at the time of the Defendants’ arrest, to
(2) alleging that they had never met PW1 and were mere passersby at the time of their arrest,

when the Defendants had not changed the factual basis of their instructions to her.

Complaint 2 :

That, contrary to paragraph 6(b) of the Code of Conduct of the Bar and on 24 July 2008, Shine (as a practising barrister) engaged in conduct which may bring the profession of barrister into disrepute or was prejudicial to the administration of justice by putting (purportedly on behalf of the Defendants) to Senior Inspector Chan Ka Shun at the Trial that the Defendants were not the same persons who approached and spoke to PW1 outside Central Park Hotel on 22 January 2008 when such allegation was contrary to the Defendants’ instructions as to the facts of the case to her.

By a Statement of Findings dated 29 July 2011, the BDT found Shine guilty of both complaints.

By Reasons for Sentence dated 18 October 2011, the BDT ordered inter alia that:

(1) Shine be censured;
(2) Shine shall pay a penalty of HK$20,000 within 21 days from the date of written Reasons for Sentence;
(3) Shine shall pay the costs of the inquiry including all hearings on a full indemnity costs basis, to be taxed, if not agreed.