TANG MAN KIT AND ANOTHER v. HIP HING TIMBER CO. LTD.

TANG MAN KIT AND ANOTHER v. HIP HING TIMBER CO. LTD.

The Court held that factual records from related proceedings (including minutes and affirmations) are relevant to determine the factual matrix needed to decide the legal status of the Heung; legal professional privilege can be preserved by redaction, and the implied undertaking may restrict use of documents from other proceedings; accordingly the application for discovery was allowed but limited to the body of affirmations and correspondence, excluding exhibited documents.

Citation
TANG MAN KIT AND ANOTHER v. HIP HING TIMBER CO. LTD.
Parties
Plaintiff in Present Proceedings: Plaintiff; Defendant in Present Proceedings / Applicant for Specific Discovery: Defendant; Party Referenced (plaintiff/defendant in Related Proceedings): Tang Man Kit; Party Referenced (plaintiff/defendant in Related Proceedings): Chan Kam Cheung; Applicant in Referenced Miscellaneous Proceedings: Tonkit Development Limited; Applicant in Referenced Miscellaneous Proceedings: Wong Kam Tong; Applicant in Referenced Miscellaneous Proceedings: Wong Kwan Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 August 2000
Case Number
HCA8000/1990
Procedural Posture
Civil Discovery Application Involving Trusts and Land Registration Under the New Territories Ordinance / Interlocutory Application for Specific Discovery in the High Court
Outcome
Application for specific discovery partly allowed with limitations
Legal Topics
Discovery, Legal Professional Privilege, Implied Undertaking, Status of Unincorporated Associations Vs Trust Vs Tong, Registration Under Section 15 New Territories Ordinance, Consent Orders
Source Language
EN
Trusts Property Law Civil Procedure New Territories Ordinance Companies Law Discovery Legal Professional Privilege Implied Undertaking +3 more

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Parties

Plaintiff

Plaintiff in Present Proceedings

Defendant

Defendant in Present Proceedings / Applicant for Specific Discovery

Tang Man Kit

Party Referenced (plaintiff/defendant in Related Proceedings)

Chan Kam Cheung

Party Referenced (plaintiff/defendant in Related Proceedings)

Tonkit Development Limited

Applicant in Referenced Miscellaneous Proceedings

Wong Kam Tong

Applicant in Referenced Miscellaneous Proceedings

Wong Kwan Wing

Applicant in Referenced Miscellaneous Proceedings

Procedural Posture

Civil Discovery Application Involving Trusts and Land Registration Under the New Territories Ordinance / Interlocutory Application for Specific Discovery in the High Court

Legal Issues

  1. 1 Whether minutes of a meeting convened under a consent order are relevant for determination of the legal status of the Heung
  2. 2 Whether affirmations and correspondence from related proceedings are discoverable and the permissible scope of discovery (body vs exhibits)
  3. 3 Extent to which legal professional privilege or implied undertaking prevents use or disclosure of documents from other proceedings

Ratio Decidendi

The Court held that factual records from related proceedings (including minutes and affirmations) are relevant to determine the factual matrix needed to decide the legal status of the Heung; legal professional privilege can be preserved by redaction, and the implied undertaking may restrict use of documents from other proceedings; accordingly the application for discovery was allowed but limited to the body of affirmations and correspondence, excluding exhibited documents.

Court Disposition

Application for specific discovery partly allowed with limitations

Orders

  • Order discovery of the body of the affirmations from the referenced proceedings but not any documents exhibited to those affirmations
  • Order discovery of the body of correspondence from the referenced proceedings but not any documents exhibited or annexed to such correspondence