Lawyer jailed for attempted theft from clients
Updated: 2010-11-17 07:19
By Timothy Chui(HK Edition)
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A former deputy magistrate has been sentenced to 12 months imprisonment for attempting to steal more than HK$30,000 from her clients.
Disgraced barrister, 43-year-old Valerie Lim Tin-tin, who has more than 20 years experience, was sentenced for her attempt to bilk $3,900 from the wife of an accused and another man. Prosecutors charged that Lim falsely presented a local barrister as a Queen's Council to conduct mitigation in a 2007 deception case.
She had pleaded not guilty to two counts of attempted theft.
Taking into account Lim was the primary breadwinner for her recently widowed 71-year-old mother and her 16-year-old son, Judge Anthea Pang Po-kam said, "Family hardship must be considered before, not after embarking on criminal conduct."
The judge noted that the offenses were committed in Lim's capacity as a legal representative and that her targets were two foreigners. Pang observed that the foreigners were "at their most vulnerable because they were unfamiliar with the city's legal system", adding, "there must be regard to the larger public context when a (barrister) attempts to defraud their client."
The court heard Lim had told the wife of an accused she had spent US$4,000 of her own money to retain the services of a London silk, requesting US$2,000 from the wife at a Starbucks and another US$1,900 from the second accused during a cell visit.
When the second accused refused to hand over the money, she told the court the money would be released as restitution, though Lim had received no instructions to do so.
In mitigation, Counsel James McGowan pointed out Lim was embroiled in a custody battle when she attempted to steal from her clients. Senior Counsel Lawrence Lok also presented letters from retired High Court judge Peter Nguyen and the wife of District Court Judge Garry Tallentire's, asking for clemency.
Lim's clerk, 49-year-old Ho Ying-pan, was also found guilty of three counts of using a false instrument and was sentenced to 15 months in prison.
Ho forged three letters to gain access to the Lai Chi Kok Reception Centre where the accused were being held and solicited the wife of one of the accused, asking that he and Lim represent the accused in court.
Pang said Ho's case warranted a deterrent sentence to protect the system and to safeguard the interests of people held in detention.
Ho was also found guilty of eight counts of using a false instrument and sentenced to six months imprisonment in an earlier case, which is currently on appeal.
China Daily
(HK Edition 11/17/2010 page1)