Law Council concern regarding disbarment of Hong Kong solicitor Kevin Yam
23 August 2025
All comments to be attributed to Law Council of Australia President, Ms Juliana Warner
The Law Council of Australia notes with concern the recent finding of the Law Society of Hong Kong’s Solicitors Disciplinary Tribunal against Mr Kevin Yam, an Australian citizen and a former longstanding member of the Law Society of Hong Kong’s Constitutional Affairs and Human Rights Committee.
The Tribunal has ordered that Mr Yam, who now resides in Australia, be struck from the Roll of Solicitors and pay costs amounting to $816,600 HKD ($158,000 AUD) in relation to his virtual participation in a US congressional hearing.
The Law Council has closely monitored retaliatory actions against human rights defenders and lawyers who have been critical of the encroachment on fundamental rights and the deterioration of the rule of law in Hong Kong.
In response to the finding, the Law Council notes that Mr Yam is well known in Australia and Hong Kong for his advocacy on human rights issues and the rule of law. He has been subjected to an ongoing campaign of intimidation and harassment.
In July 2023, Hong Kong police issued arrest warrants for (and announced $1 million HKD bounties for information relating to) several overseas human rights defenders including Mr Yam for alleged offences under Hong Kong’s National Security Law. Bounties have continued to be placed on the heads of overseas activists, including those residing in Australia, as recently as 25 July 2025.
Soon after the issuance of the arrest warrants in 2023, the Secretary of Justice filed formal complaints against those named in the warrants who were legal practitioners with the Law Society of Hong Kong and the Hong Kong Bar Association.
On 23 March 2024, the Safeguarding National Security Ordinance entered into force, which includes provisions empowering the executive to suspend the professional qualifications of an ‘absconder’ and effectively bypass legal profession disciplinary procedures, due process guarantees and appeal avenues. The Law Council has publicly expressed its concern regarding these provisions, which undermine the independence of legal profession regulation in Hong Kong.
On 24 December 2024, these provisions were utilised by the Secretary for Security to penalise overseas human rights defenders including Mr Yam. In addition to other penalties, the Secretary utilised the Ordinance to purportedly suspend Mr Yam’s qualification to practise as a solicitor.
The United Nations Basic Principles on the Role of Lawyers affirm the rights of lawyers to freedom of expression, belief, association and assembly, and to take part in public discussion on matters concerning the law, the administration of justice and the promotion and protection of human rights.
The Basic Principles further provide that governments and legal professional associations must ensure that there is no discrimination against a person’s entry into or continued practice within the legal profession on the grounds of, amongst other things, political or other opinion.
The Law Council reiterates its support for an independent legal profession in Hong Kong.
Contact:
Kristen Connell
P. 0400 054 227
E. kristen.connell@lawcouncil.au
Last Updated on 30/09/2025