AU KAM HAN AND ANOTHER v. AU KAM MING AND ANOTHER

AU KAM HAN AND ANOTHER v. AU KAM MING AND ANOTHER

The appeal was dismissed: the Master’s order for disclosure of police forensic reports, post‑mortem reports, scene photographs/sketches/maps and records of interviews and arrests should stand subject to editing/redaction to protect the identity of suspects at large; public interest immunity as claimed was insufficient to withhold disclosure in whole; defendants cannot shield such documents by claiming legal professional privilege or a proprietary interest; issues of admissibility are for trial, not for the disclosure stage; costs on indemnity basis were awarded to the plaintiffs and to the Secretary for Justice.

Citation
AU KAM HAN AND ANOTHER v. AU KAM MING AND ANOTHER
Parties
Plaintiff (personal Representative of the Estate of LEUNG PUI Hong): AU KAM HAN; Plaintiff (personal Representative of the Estate of LEUNG PUI Hong): LEUNG SAI HOI; 1st Defendant (appellant): AU KAM MING; 2nd Defendant (appellant): KEUNG WAN PING; Non Party (represented on Behalf of the Commissioner of Police): Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 2000
Case Number
HCPI1069/1998
Procedural Posture
Personal Injuries Action (civil Claim Arising From Alleged Killing; Application for Disclosure Against Non‑party Secretary for Justice) / Appeal From Master's Disclosure Order to the High Court (judgment on Appeal)
Outcome
Appeal dismissed
Legal Topics
Disclosure of Police Records, Public Interest Immunity (pii) Claims, Legal Professional Privilege, Records of Interview, Relevance and Admissibility of Evidence, Costs Assessment and Indemnity Costs
Source Language
EN
Civil Procedure Evidence Public Interest Immunity Costs Criminal Investigation Records Disclosure of Police Records Public Interest Immunity (pii) Claims Legal Professional Privilege +3 more

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Parties

AU KAM HAN

Plaintiff (personal Representative of the Estate of LEUNG PUI Hong)

LEUNG SAI HOI

Plaintiff (personal Representative of the Estate of LEUNG PUI Hong)

AU KAM MING

1st Defendant (appellant)

KEUNG WAN PING

2nd Defendant (appellant)

Secretary for Justice

Non Party (represented on Behalf of the Commissioner of Police)

Procedural Posture

Personal Injuries Action (civil Claim Arising From Alleged Killing; Application for Disclosure Against Non‑party Secretary for Justice) / Appeal From Master's Disclosure Order to the High Court (judgment on Appeal)

Legal Issues

  1. 1 Whether forensic reports prepared as part of a police investigation must be disclosed to plaintiffs in related civil proceedings
  2. 2 Whether post‑mortem reports, scene photographs/sketches/maps should be disclosed
  3. 3 Whether records of interviews and arrests (including defendants' statements) are discoverable in civil proceedings

Ratio Decidendi

The appeal was dismissed: the Master’s order for disclosure of police forensic reports, post‑mortem reports, scene photographs/sketches/maps and records of interviews and arrests should stand subject to editing/redaction to protect the identity of suspects at large; public interest immunity as claimed was insufficient to withhold disclosure in whole; defendants cannot shield such documents by claiming legal professional privilege or a proprietary interest; issues of admissibility are for trial, not for the disclosure stage; costs on indemnity basis were awarded to the plaintiffs and to the Secretary for Justice.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Order for disclosure of: forensic reports produced in the police investigation; post‑mortem reports of the deceased; photographs, sketches and maps of the scene where the body was found; records of interviews and arrests of the defendants and other suspects (subject to editing to protect identity of suspects at...