FORM PASS LTD v. CHONG PAK CHIU

FORM PASS LTD v. CHONG PAK CHIU

The court ordered unconditional release of the 25 original invoices to the police because the police require the documents to perform their statutory duties and the court lacks jurisdiction to impose conditions on the police's investigative use of those documents.

Citation
FORM PASS LTD v. CHONG PAK CHIU
Parties
Plaintiff (original Action) & Defendant (counterclaim): Form Pass Limited; Defendant (original Action) & Plaintiff (counterclaim): Chong Pak Chiu; Defendant (counterclaim): Leung Kwok Hung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 November 2003
Case Number
HCA574/2002
Procedural Posture
Original Action and Counterclaim / In Chambers Application to Determine Custody and Release of Trial Exhibits (post‑hearing)
Outcome
Granted: 25 original invoices (Exhibit D‑1) ordered to be given unconditionally to the Hong Kong Police.
Legal Topics
Custody of Exhibits, Release of Documents to Police, Allegation of Forgery, Court Jurisdiction to Impose Conditions
Source Language
EN
Evidence Criminal Investigation Civil Procedure Custody of Exhibits Release of Documents to Police Allegation of Forgery Court Jurisdiction to Impose Conditions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Form Pass Limited

Plaintiff (original Action) & Defendant (counterclaim)

Chong Pak Chiu

Defendant (original Action) & Plaintiff (counterclaim)

Leung Kwok Hung

Defendant (counterclaim)

Procedural Posture

Original Action and Counterclaim / In Chambers Application to Determine Custody and Release of Trial Exhibits (post‑hearing)

Legal Issues

  1. 1 Whether the court may impose conditions on the release of original trial exhibits to the police
  2. 2 Whether the police are entitled to unconditional custody of exhibits to perform statutory duties
  3. 3 Whether a party who produced exhibits can resist police custody or impose terms

Ratio Decidendi

The court ordered unconditional release of the 25 original invoices to the police because the police require the documents to perform their statutory duties and the court lacks jurisdiction to impose conditions on the police's investigative use of those documents.

Court Disposition

Granted: 25 original invoices (Exhibit D‑1) ordered to be given unconditionally to the Hong Kong Police.

Orders

  • The 25 original invoices in the form of Exhibit D‑1 are to be handed over unconditionally to the police.
  • Ms Shirley Lau, court clerk, is directed to sign her name on the reverse corner of each document for identification.