GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS

Parties

Procedural Posture

Civil Action Concerning Validity and Enforceability of Distributorship Agreements and Admissibility of Expert Evidence on PRC Law / Ruling on Admissibility of Expert Evidence Following Hearing (reasons for Ruling)

Legal Issues

1. 1 Whether expert evidence on PRC law is admissible where the Intermediate Peoples Court has decided the relevant issues
2. 2 Whether Hong Kong courts should accept Mainland court judgments as determinative evidence of Mainland law
3. 3 Whether experts may give opinion on issues already decided by a foreign court or on construction of documents issued by government agencies

Ratio Decidendi

Expert evidence on PRC law was excluded because the Intermediate Peoples Court had already decided the relevant issues; Hong Kong law treats Mainland court judgments as appropriate evidence of Mainland law; where a foreign court has directly decided the issue there is no room for expert opinion to re-determine that issue; a pending appeal in the Mainland does not justify relitigation in Hong Kong and admitting such evidence would pre-empt the foreign appellate process and offend comity.

Court Disposition

Expert evidence on PRC law excluded in respect of issues decided by the Intermediate Peoples Court

Orders

• Expert evidence referred to in parties' reports excluded as per order of 21 August 2004
• If the Mainland appellate court delivers judgment prior to conclusion of this trial the parties are to produce that judgment to this court as soon as possible