SALT & LIGHT DEVELOPMENT INC. AND ANOTHER v. SJTU SUNWAY SOFTWARE INDUSTRY LTD

SALT & LIGHT DEVELOPMENT INC. AND ANOTHER v. SJTU SUNWAY SOFTWARE INDUSTRY LTD

Order of Master Kwan ordering answers to six interrogatories was correct and is affirmed: the interrogatories were necessary under O26 r1(1) to dispose fairly and to save costs; while companies can claim privilege against self-incrimination, s65 confines absolute privilege to Hong Kong offences and any residual discretion to protect against foreign criminal risk is narrow and not engaged on these facts; corporate privilege does not extend to protect directors; therefore Plaintiffs must answer the interrogatories within the time ordered.

Citation
SALT & LIGHT DEVELOPMENT INC. AND ANOTHER v. SJTU SUNWAY SOFTWARE INDUSTRY LTD
Parties
1st Plaintiff: Salt & Light Development Inc.; 2nd Plaintiff: Exclusive Investments Limited; 3rd Plaintiff: Beauhorse Professional Translation Limited; Defendant/respondent: SJTU Sunway Software Industry Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 April 2006
Case Number
HCA2939/2004
Procedural Posture
Civil Appeal (interlocutory) / Chambers Hearing on Interlocutory Appeal From Masters Order on Interrogatories
Outcome
Appeal dismissed; Master Kwans order affirmed with variation to compliance date.
Legal Topics
Interrogatories, Discovery, Privilege Against Self Incrimination, Contractual Warranties and Disclosure, Corporate Personality Vs Officer Liability, Judicial Discretion Re Foreign Law Risk
Source Language
EN
Civil Procedure Evidence Contract Law Company Law Comparative/foreign Criminal Law Interrogatories Discovery Privilege Against Self Incrimination +3 more

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Parties

Salt & Light Development Inc.

1st Plaintiff

Exclusive Investments Limited

2nd Plaintiff

Beauhorse Professional Translation Limited

3rd Plaintiff

SJTU Sunway Software Industry Limited

Defendant/respondent

Procedural Posture

Civil Appeal (interlocutory) / Chambers Hearing on Interlocutory Appeal From Masters Order on Interrogatories

Legal Issues

  1. 1 Whether six specified interrogatories were necessary for disposing fairly of the actions or for saving costs under O26 r1(1)
  2. 2 Whether a corporate party can claim the privilege against self-incrimination in civil proceedings in Hong Kong
  3. 3 Whether the privilege in civil proceedings extends to risk of prosecution under foreign (Mainland China) criminal law

Ratio Decidendi

Order of Master Kwan ordering answers to six interrogatories was correct and is affirmed: the interrogatories were necessary under O26 r1(1) to dispose fairly and to save costs; while companies can claim privilege against self-incrimination, s65 confines absolute privilege to Hong Kong offences and any residual discretion to protect against foreign criminal risk is narrow and not engaged on these facts; corporate privilege does not extend to protect directors; therefore Plaintiffs must answer the interrogatories within the time ordered.

Court Disposition

Appeal dismissed; Master Kwans order affirmed with variation to compliance date.

Orders

  • Order of Master Kwan affirmed with variation to the date for compliance
  • Plaintiffs to answer the six interrogatories within 28 days from service of the sealed order