HUANG YU HUI v. ZHENG SHIZHI

HUANG YU HUI v. ZHENG SHIZHI

The summons for issuance of a letter of request was dismissed because Article 6, as negotiated between Mainland China and Hong Kong, does not permit the interactive cross-examination sought by the Defendant when Hong Kong is the requesting party; the request therefore falls outside the Arrangement's scope and was likely not to be executed by the Mainland courts, making the LR futile.

Citation
[2021] HKCFI 3362
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): HUANG YU HUI (黃宇輝); Defendant (original Action); Plaintiff (counterclaim): ZHENG SHIZHI (鄭詩致); 2nd Defendant (counterclaim): NG YUEN PAK (吳遠北)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 November 2021
Case Number
HCA646/2015
Procedural Posture
Contract Dispute – Specific Performance / Return of Deposit and Damages / Interlocutory Applications (summonses) for Letter of Request and Expert Evidence – Decision in Chambers
Outcome
Defendant's summons for issuance of letter of request dismissed; Plaintiff's summons for further expert report dismissed (not pursued)
Legal Topics
Mutual Taking of Evidence, Letter of Request, Specific Performance, Duress, Cross Examination, Video Conferencing
Source Language
EN
Civil Law Civil Procedure International Judicial Assistance Mutual Taking of Evidence Letter of Request Specific Performance Duress Cross Examination +1 more

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Parties

HUANG YU HUI (黃宇輝)

Plaintiff (original Action); 1st Defendant (counterclaim)

ZHENG SHIZHI (鄭詩致)

Defendant (original Action); Plaintiff (counterclaim)

NG YUEN PAK (吳遠北)

2nd Defendant (counterclaim)

Procedural Posture

Contract Dispute – Specific Performance / Return of Deposit and Damages / Interlocutory Applications (summonses) for Letter of Request and Expert Evidence – Decision in Chambers

Legal Issues

  1. 1 Whether Hong Kong court should issue a letter of request to Mainland courts to take evidence from a prisoner serving sentence in Mainland China
  2. 2 Whether Article 6 of the Arrangement permits cross-examination by the requesting Hong Kong party or only the taking of statements
  3. 3 Whether the taking of evidence can be conducted by video conference and whether Hong Kong judge, parties and lawyers may attend

Ratio Decidendi

The summons for issuance of a letter of request was dismissed because Article 6, as negotiated between Mainland China and Hong Kong, does not permit the interactive cross-examination sought by the Defendant when Hong Kong is the requesting party; the request therefore falls outside the Arrangement's scope and was likely not to be executed by the Mainland courts, making the LR futile.

Court Disposition

Defendant's summons for issuance of letter of request dismissed; Plaintiff's summons for further expert report dismissed (not pursued)

Orders

  • Defendant's summons dismissed
  • Plaintiff's summons dismissed