SUPER WORTH INTERNATIONAL LTD AND OTHERS v. COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION AND ANOTHER

SUPER WORTH INTERNATIONAL LTD AND OTHERS v. COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION AND ANOTHER

There was a strong prima facie case that the documents in question were created and used in the furtherance of a fraud and associated laundering activity; accordingly the fraud exception applied and any legal professional privilege was lost for the seized documents, which must be disclosed.

Source-derived case information.

Citation
SUPER WORTH INTERNATIONAL LTD AND OTHERS v. COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION AND ANOTHER
Parties
1st Plaintiff: SUPER WORTH INTERNATIONAL LIMITED; 2nd Plaintiff: HAO May (also known as May Wang); 3rd Plaintiff: NZ DAIRY TRUSTEE LIMITED; 4th Plaintiff: NEW ZEALAND DAIRY PROCESSING LIMITED; 1st Defendant: COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION; 2nd Defendant: SECRETARY FOR JUSTICE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 July 2015
Case Number
HCMP1320/2012
Procedural Posture
Miscellaneous Proceedings (privilege Claim) HCMP 1320/2012 / Judgment on Legal Professional Privilege Claim
Outcome
Claim for legal professional privilege dismissed in full; privilege lost by reason of the fraud exception for the identified documents.
Legal Topics
Legal Professional Privilege, Fraud Exception to Privilege, Search Warrant Execution and Disclosure, Privilege for Accountants (tax Advice), Lex Fori V Lex Causae, Use of Special Advocate Procedure
Source Language
en
Evidence Criminal Law Company Law Anti‑corruption Tax Law Legal Professional Privilege Fraud Exception to Privilege Search Warrant Execution and Disclosure +3 more

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Parties

SUPER WORTH INTERNATIONAL LIMITED

1st Plaintiff

HAO May (also known as May Wang)

2nd Plaintiff

NZ DAIRY TRUSTEE LIMITED

3rd Plaintiff

NEW ZEALAND DAIRY PROCESSING LIMITED

4th Plaintiff

COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION

1st Defendant

SECRETARY FOR JUSTICE

2nd Defendant

Procedural Posture

Miscellaneous Proceedings (privilege Claim) HCMP 1320/2012 / Judgment on Legal Professional Privilege Claim

Legal Issues

  1. 1 Whether the seized documents are protected by legal professional privilege
  2. 2 Whether the fraud exception to legal professional privilege applies to the seized documents
  3. 3 Whether legal professional privilege extends to accountants providing legal advice

Ratio Decidendi

There was a strong prima facie case that the documents in question were created and used in the furtherance of a fraud and associated laundering activity; accordingly the fraud exception applied and any legal professional privilege was lost for the seized documents, which must be disclosed.

Court Disposition

Claim for legal professional privilege dismissed in full; privilege lost by reason of the fraud exception for the identified documents.

Orders

  • Seized documents identified in the claim (Items 1–6 and associated documents) to be disclosed to the defendants.
  • Order nisi that the plaintiffs pay the defendants costs of and incidental to these proceedings, to be taxed if not agreed.