It is not uncommon for law firms in Hong Kong to come across potential clients who refuse or are reluctant to disclose their identity due to fear of disclosing confidential information. While it is understandable that some clients wish to remain anonymous for commercial or tactical reasons, it should be emphasized that Hong Kong law firms can be trusted to maintain client confidentiality. Further, to comply with The Hong Kong Solicitors’ Guide to Professional Conduct and Guidelines on Anti-Money Laundering and Terrorist Financing, it is a must for a solicitor to know his client’s identity at the outset of the retainer.
DUTY OF CONFIDENTIALITY
A Hong Kong solicitor’s duty of confidentiality is fourfold. First, it is an implied contractual term of the retainer between solicitor and client that the solicitor is to keep his client’s information confidential (see Parry-Jones v The Law Society of England and Wales [1968]). Second, there is a tortious duty of confidentiality on solicitors. Third, solicitors also owe an equitable duty of confidentiality to their clients, which is independent of the contractual and tortious duties.
A breach of any such duty gives rise to a client’s right to bring an action against their solicitors for damages and/or injunctive relief.
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Cheung Kwok Kit is a partner at Deacons in Hong Kong. He can be contacted on +852 2825 9427 or by email at kwokkit.cheung@deacons.com.hk
