CAC BRAKE CO. LTD. ZHUHAI v. BENE MANUFACTURING COMPANY LTD. AND OTHERS

CAC BRAKE CO. LTD. ZHUHAI v. BENE MANUFACTURING COMPANY LTD. AND OTHERS

The court granted leave releasing the plaintiff from its undertakings because there was insufficient evidence that the police or prosecuting counsel already possessed the documents, the Laddie criteria for permitting collateral use were satisfied, and any issues of admissibility or prejudice in the criminal...

Source-derived case information.

Citation
CAC BRAKE CO. LTD. ZHUHAI v. BENE MANUFACTURING COMPANY LTD. AND OTHERS
Parties
Plaintiff (hca4666/97 & Hca3041/98): CAC BRAKE CO. LTD. ZHUHAI; 1st Defendant (hca4666/97): LIANG JIN WEN (also known as LEUNG KAM MAN); 2nd Defendant (hca4666/97): LAM CHOI LAN; 3rd Defendant (hca4666/97): CHE LAP HONG COMPANY LTD.; 4th Defendant (hca4666/97): POLY-WAYS (FAR EAST LTD.); 5th Defendant (hca4666/97): LUI WAI HUNG; 6th Defendant (hca4666/97): ERBAL INTERNATIONAL LTD.; 7th Defendant (hca4666/97): WONG TONG MING; 8th Defendant (hca4666/97): SOLARWORLD INTERNATIONAL LTD.; 1st Defendant (hca3041/98): BENE MANUFACTURING COMPANY LTD.; 2nd Defendant (hca3041/98): LO JOCK HUEN; 3rd Defendant (hca3041/98): LOBROS COMPANY LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 December 1998
Case Number
HCA3041/1998
Procedural Posture
Civil (injunction and Disclosure Arising From Mareva Injunction); Collateral Criminal Proceedings / Application for Leave to Disclose Documents to Department/secretary for Justice; Reasons for Judgment (application Allowed)
Outcome
Application allowed; plaintiff released from undertakings to disclose specified documents to the Department/Secretary for Justice in order to assist criminal prosecution.
Legal Topics
Mareva Injunction, Disclosure Orders, Implied Undertaking, Privilege Against Self Incrimination, Collateral Use, Release From Undertaking, Use of Civil Discovery in Criminal Proceedings
Source Language
en
Civil Procedure Injunctions Disclosure Evidence Criminal Law Mareva Injunction Disclosure Orders Implied Undertaking +4 more

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Parties

CAC BRAKE CO. LTD. ZHUHAI

Plaintiff (hca4666/97 & Hca3041/98)

LIANG JIN WEN (also known as LEUNG KAM MAN)

1st Defendant (hca4666/97)

LAM CHOI LAN

2nd Defendant (hca4666/97)

CHE LAP HONG COMPANY LTD.

3rd Defendant (hca4666/97)

POLY-WAYS (FAR EAST LTD.)

4th Defendant (hca4666/97)

LUI WAI HUNG

5th Defendant (hca4666/97)

ERBAL INTERNATIONAL LTD.

6th Defendant (hca4666/97)

WONG TONG MING

7th Defendant (hca4666/97)

SOLARWORLD INTERNATIONAL LTD.

8th Defendant (hca4666/97)

BENE MANUFACTURING COMPANY LTD.

1st Defendant (hca3041/98)

LO JOCK HUEN

2nd Defendant (hca3041/98)

LOBROS COMPANY LTD.

3rd Defendant (hca3041/98)

Procedural Posture

Civil (injunction and Disclosure Arising From Mareva Injunction); Collateral Criminal Proceedings / Application for Leave to Disclose Documents to Department/secretary for Justice; Reasons for Judgment (application Allowed)

Legal Issues

  1. 1 Whether the plaintiff should be released from undertakings not to disclose disclosed pleadings/affirmations/exhibits so that they may be provided to the Department/Secretary for Justice to assist criminal prosecution
  2. 2 Whether there had already been impermissible disclosure to the prosecution or police
  3. 3 Whether disclosure would breach privilege against self-incrimination or improperly permit collateral use of civil discovery in criminal proceedings

Ratio Decidendi

The court granted leave releasing the plaintiff from its undertakings because there was insufficient evidence that the police or prosecuting counsel already possessed the documents, the Laddie criteria for permitting collateral use were satisfied, and any issues of admissibility or prejudice in the criminal proceedings are matters for the District Court; accordingly disclosure to the Department/Secretary for Justice was authorized and costs were awarded to the plaintiff.

Court Disposition

Application allowed; plaintiff released from undertakings to disclose specified documents to the Department/Secretary for Justice in order to assist criminal prosecution.

Orders

  • Plaintiff granted leave to disclose to the Department/Secretary for Justice the pleadings, affirmations and exhibits filed and served by specified defendants and all court orders relating thereto.
  • Plaintiff released from its implied undertaking not to disclose those documents to persons not parties to the proceedings and from its express undertaking of 1 May 1997 (and 27 February 1998 as applicable) insofar as necessary to enable disclosure to the prosecuting authority.