Tribunal wrong to clear ex-lawmaker Margaret Ng of misconduct, court told

A disciplinary tribunal recently cleared former Hong Kong opposition lawmaker and barrister Margaret Ng of professional misconduct, despite her conviction for participating in an unlawful assembly in 2019, according to a court filing on Monday. The Hong Kong Bar Association, representing Ng, sought a court ruling to overturn the decision, arguing that the panel had overlooked concerns that her actions could tarnish the reputation of the legal profession.

Ng was convicted in April 2021 for her role in an unauthorized assembly that began as a lawful gathering at Victoria Park on August 18, 2019. A three-person panel determined that her criminality was not "morally culpable, disgraceful or dishonourable" enough to warrant professional sanctions. However, the bar association's legal representative argued that the panel erred in law by not applying the correct legal principle to assess whether Ng's involvement constituted misconduct.

The panel focused on whether her actions caused actual damage, rather than examining whether her conduct would bring the bar into disrepute in the eyes of objective bystanders. The association's application for judicial review seeks a declaration from the presiding judge to revoke the tribunal's decision and send the case back for a fresh review.