CHEN MEI LAN AND ANOTHER v. THE REGISTRAR OF COMPANIES AND OTHERS

CHEN MEI LAN AND ANOTHER v. THE REGISTRAR OF COMPANIES AND OTHERS

The court granted leave to expunge the Mainland judgment because Hollington v Hewthorn bars reliance on foreign convictions and judgments for the truth of their findings; the Plaintiffs sought to rely on the admissions recorded in the Mainland judgment for their truth despite D3 being unavailable for...

Source-derived case information.

Citation
CHEN MEI LAN AND ANOTHER v. THE REGISTRAR OF COMPANIES AND OTHERS
Parties
Plaintiff: Plaintiffs; Defendant: 3rd Defendant (D3); Defendant: 4th Defendant; Defendant: 5th Defendant; Subject Company: All Faith Corporation Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 October 2016
Case Number
HCMP894/2015
Procedural Posture
Company Proceedings Under Section 42 Companies Ordinance; Civil Trial / Interlocutory Application on Day 1 of Trial to Expunge Evidence (summons Heard During Trial)
Outcome
Leave granted to expunge the Mainland judgment from the trial bundles; the judgment is to be removed as inadmissible evidence
Legal Topics
Admissibility of Foreign Convictions/judgments, Judgment as Admission, Hearsay and Cross‑examination, Expunction of Evidence, Rules of the High Court/pleading Requirements
Source Language
en
Evidence Civil Procedure Company Law Conflict of Laws Admissibility of Foreign Convictions/judgments Judgment as Admission Hearsay and Cross‑examination Expunction of Evidence +1 more

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Parties

Plaintiffs

Plaintiff

3rd Defendant (D3)

Defendant

4th Defendant

Defendant

5th Defendant

Defendant

All Faith Corporation Limited

Subject Company

Procedural Posture

Company Proceedings Under Section 42 Companies Ordinance; Civil Trial / Interlocutory Application on Day 1 of Trial to Expunge Evidence (summons Heard During Trial)

Legal Issues

  1. 1 Whether a Mainland criminal judgment and recorded admissions in it are admissible in subsequent Hong Kong civil proceedings
  2. 2 Whether admissions recorded in a foreign judgment may be relied on for their truth when the maker is unavailable for cross‑examination
  3. 3 Whether delay in making the application to expunge should bar relief

Ratio Decidendi

The court granted leave to expunge the Mainland judgment because Hollington v Hewthorn bars reliance on foreign convictions and judgments for the truth of their findings; the Plaintiffs sought to rely on the admissions recorded in the Mainland judgment for their truth despite D3 being unavailable for cross‑examination and the Mainland proceedings being unknown to the court, so admission would be inadmissible and prejudicial.

Court Disposition

Leave granted to expunge the Mainland judgment from the trial bundles; the judgment is to be removed as inadmissible evidence

Orders

  • Leave granted to expunge the Mainland judgment from the trial bundles
  • Costs to be dealt with at the end of the trial