CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

The police witness statements listed in item no.1 are relevant and necessary for the fair disposal of the civil proceedings (except the statement of Siu Lik Hung) and there is no legal privilege or public interest immunity asserted that would bar production; the prior public disclosure of inquiry reports means the statements are not confidential, and the public interest in disclosure for justice outweighs any competing public interest, therefore the subpoenas for production must stand and the documents must be produced.

Citation
CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS
Parties
Plaintiff (action No. 7987, 9571 & 13109 of 1997): CHOW SANG SANG JEWELLERY COMPANY LIMITED; Plaintiff (action No. 13226 of 1999): PACIFIC LINK COMMUNICATIONS LIMITED; 1st Defendant: RYODEN LIFT AND ESCALATOR COMPANY LIMITED; 2nd Defendant: HOP CHEONG ENGINEERING COMPANY LIMITED; 3rd Defendant: FONG FUN PENG trading as KWAN KEE CONSTRUCTION COMPANY; Non Party Third Party/custodian of Documents: Commissioner of Police
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 September 2001
Case Number
HCA9571/1997
Procedural Posture
Civil / Ruling on Production of Documents/subpoena Duces Tecum (chambers)
Outcome
Amended writs of subpoena duces tecum upheld; production of listed witness statements ordered except for the statement of Siu Lik Hung.
Legal Topics
Disclosure, Subpoena Duces Tecum, Public Interest Immunity, Commission of Inquiry
Source Language
EN
Civil Procedure Evidence Public Inquiry Law Disclosure Subpoena Duces Tecum Public Interest Immunity Commission of Inquiry

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Parties

CHOW SANG SANG JEWELLERY COMPANY LIMITED

Plaintiff (action No. 7987, 9571 & 13109 of 1997)

PACIFIC LINK COMMUNICATIONS LIMITED

Plaintiff (action No. 13226 of 1999)

RYODEN LIFT AND ESCALATOR COMPANY LIMITED

1st Defendant

HOP CHEONG ENGINEERING COMPANY LIMITED

2nd Defendant

FONG FUN PENG trading as KWAN KEE CONSTRUCTION COMPANY

3rd Defendant

Commissioner of Police

Non Party Third Party/custodian of Documents

Procedural Posture

Civil / Ruling on Production of Documents/subpoena Duces Tecum (chambers)

Legal Issues

  1. 1 Whether police witness statements are relevant to the civil actions
  2. 2 Whether production of documents from a non-party is necessary for the fair disposal of proceedings
  3. 3 Whether confidentiality or s.7 of the Commission of Inquiry Ordinance prevents production

Ratio Decidendi

The police witness statements listed in item no.1 are relevant and necessary for the fair disposal of the civil proceedings (except the statement of Siu Lik Hung) and there is no legal privilege or public interest immunity asserted that would bar production; the prior public disclosure of inquiry reports means the statements are not confidential, and the public interest in disclosure for justice outweighs any competing public interest, therefore the subpoenas for production must stand and the documents must be produced.

Court Disposition

Amended writs of subpoena duces tecum upheld; production of listed witness statements ordered except for the statement of Siu Lik Hung.

Orders

  • Amended writs of subpoena duces tecum issued on 15 August 2001 are not discharged or varied
  • Produce the witness statements listed in item no.1 of the amended schedule to the amended writs of subpoena duces tecum, except the statement of Siu Lik Hung