LETTER TO PRINCIPAL REGISTRAR OF MAGISTRATES COURT AT PERTH AND THE LEGAL PRACTICE BOARD RE: PROSECUTION OF ME WITHOUT CAUSE UDNER SUBS.13(1) OF THE LEGAL PROFESSION ACT

Nicholas Ni Kok Chin - LL.B.; B.Econs.(Business & Accountancy), Post. Grad. Dip (Business Law),

My ref: CIV1981 of 2010 & CACV41 of 2010.

Sunday, November 21, 2010

The Principal Registrar

Magistrates Court of WA

Central Law Courts
501 Hay Street
PERTH WA 6000

Criminal Matters

Telephone: (08) 9425 2222
Facsimile: (08) 9425 2777
Criminal Listings Enquiries: (08) 9425 2497 / (08) 9425 2261

Dear Sir                                                          FACSIMILE TRANSMISSION

TWO CRIMINAL CHARGES UNDER SECTION 13(1) OF THE LEGAL PROFESSION ACT, 2008

I refer to the above matter and would like to state as follows:

a)     I was served with a Court Hearing Notice dated 7.10.2010 signed by Shung Kee Neoh as the legal officer of the Legal Practice Board of Western Australia.

b)    I also received a Written Plea by Accused and a Prosecution Notice together with a Statement of Material Facts concerning two charges under s.13(1) of the Legal Profession Act, 1903 that I held myself to be entitled to legal practice.   The charges pertain to these documents:

·         A Summons in Chambers in CIV 1112 of 2007 dated 8.10.2009 and made an Affidavit in Support dated 12.10.2009 indicating that I appeared on behalf of my son Paul.

·         a letter dated 10.10.2009 to the Listings Coordinator filed in CIV 1903 of 2008 where I put a stamp indicating that I was a Barrister & Solicitor, although I was appearing as a lawyer litigant in person.

c)       I have since been in communication with the writer of those documents Mr. Shung Kee Neoh who promised me that he is going to ensure that those charges are withdrawn before the first hearing date of this matter i.e. the 26^th day of November, 2010 at 10.00 am.

d)       I have since made two telephone calls to the Magistrates Court at Perth but found that this prosecution of me by the Legal Practice Board has not been lodged with it and there is no registration number.

e)       I was given the mandate by Justice Hasluck in CIV 1903 of 2009 on 17.6.2010 and subsequent dates to represent my son Paul Chung Kiong Chin in those proceedings in CIV 1112 of 2007 and Civ 1903 of 2008 and these matters are currently being pursued in my Application for Mandus Orders in CIV1981 of 2010 and CACV 75 of 2010.  The latter is scheduled for hearing on 23.11.2010 at the Court of Appeal.  I am also due to appear on the 26.11.2010 before the Deputy President of SAT His Honour Judge Sharp at 9.30 am.

f)        My communications with Mr. Shung Kee Neoh is to the effect that I was unaware until mid-October, 2010 that I could not use my title barrister and solicitor on the ground that I was never struck off the roll and is never guilty of any professional misconduct or unsatisfactory conduct.  I am now aware that in accordance with the schedule of r. 5(2) of the Legal Profession Regulations 2009, I am only entitled to use my title as Lawyer and not as Barrister & Solicitor.

g)       I understand that s. 13(1) is a strict liability offence as indicated by the words  “rebuttable presumption” as found in subs.14(3) of the Act.

h)       As for the first charge, I had no intention on my part to hold to the public that I was entitled to be engaged in legal practice because I was given the mandate to do so by Hasluck J in order to prevent Mr. Timothy Robin Thies from further exploiting the vulnerabilities of my son Paul C. K Chin.

i)         As for the second charge, I am exonerated from blame that I misunderstood the fact that under my special circumstances, I was only entitled to use my title as Lawyer and not as Barrister & Solicitor.  I have now resiled from further using that title Barrister & Solicitor and is contented with only using my title as Lawyer.  

j)         Further I have never played the public role as a legal practitioner for my son even when I was holding a practice certificate under any circumstances. 

k)       Therefore I am not and was not under any circumstances construed to have acted in conflict of interests when I was defending my son’s rights as his father, agent or Amicus Curiae or even as his McKenzie friend as I not acting for reward or personal gain but as a father who has a fatherly love and good intentions for his son.  The law pertaining to this matter has been extensively submitted before the learned trial judge Ken Martin J in CIV 1903 of 2003 which is currently the subject matter of my appeal in CACV 75 of 2010.

l)         The Legal Practice Board knows that I have not committed any offence under subs s. 13(1) of the Act and Mr. Shung has given me his assurance that he is going to do something about it and I am still waiting….   As such, I want the Magistrates Court in Perth to know of my position of defence and my unavailable dates for the months of December, 2010, January, 2011 and till mid-February, 2011.    

Therefore, please find attached a copy to this facsimile a copy of my NOT GUILTY plea dated 22.11.2010.   If you need to understand further my case, please refer to my blogspot which you an access by Googling NICHOLASNCHIN.

Yours faithfully

NICHOLAS N CHIN

The Chairperson

The Legal Practice Board

Atten: Mr. Shung Kee Neoh, Legal Officer.

5^th Floor, Kings Building, 533 Hay Street                                                      

PERTH WA 6000

Telephone: (08) 6211 3600; Facsimile: (08) 9325 2743