WU JUN v. CAPTAIN HOLDINGS LTD (In Compulsory Liquidation) AND OTHERS

WU JUN v. CAPTAIN HOLDINGS LTD (In Compulsory Liquidation) AND OTHERS

The court dismissed the interlocutory application as premature: the admissibility of Hu's witness statement cannot be finally determined before trial because Hu's attendance was uncertain but possible; Chan's statement should not be struck out because he may give admissible evidence based on documents and company records and the court should not engage in exhaustive line‑by‑line deletion pre-trial; costs follow the event.

Citation
[2026] HKCFI 1063
Parties
Plaintiff (applicant): Plaintiff; Defendant (respondent): 7th Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 February 2026
Case Number
HCA106/2022
Procedural Posture
Civil Fraud / Commercial Claim / Interlocutory Pre Trial Application to Exclude/strike Witness Statements (summons Filed 11 March 2025)
Outcome
Summons dismissed
Legal Topics
Hearsay, Witness Statements, Strike Out, Admissibility, Costs, Subpoena, Corporate Authority, Conspiracy
Source Language
EN
Civil Procedure Evidence Company Law Commercial Fraud Hearsay Witness Statements Strike Out Admissibility +4 more

Case Brief

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Parties

Plaintiff

Plaintiff (applicant)

7th Defendant

Defendant (respondent)

Procedural Posture

Civil Fraud / Commercial Claim / Interlocutory Pre Trial Application to Exclude/strike Witness Statements (summons Filed 11 March 2025)

Legal Issues

  1. 1 Whether the witness statement of Hu Hongwei should be excluded as hearsay under s47 Evidence Ordinance because his attendance at trial is not ensured
  2. 2 Whether parts of Chan Cheuk Him Paul's witness statement (paragraphs 2(b) and 11–21) should be struck out for lack of personal knowledge, adoption of another's statement, or being opinion/argument rather than fact
  3. 3 Whether it is premature at interlocutory stage to decide admissibility on merits and whether issues should be left for trial

Ratio Decidendi

The court dismissed the interlocutory application as premature: the admissibility of Hu's witness statement cannot be finally determined before trial because Hu's attendance was uncertain but possible; Chan's statement should not be struck out because he may give admissible evidence based on documents and company records and the court should not engage in exhaustive line‑by‑line deletion pre-trial; costs follow the event.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed
  • Plaintiff to pay the 7th defendant's costs of the Summons (including all costs reserved), summarily assessed at $200,000 HKD, payable no later than 26 February 2026