RMBSA CORPORATE SERVICES LTD AND ANOTHER v. SECRETARY FOR JUSTICE AND ANOTHER

RMBSA CORPORATE SERVICES LTD AND ANOTHER v. SECRETARY FOR JUSTICE AND ANOTHER

Documents seized in Hong Kong under s.12 of Cap.525 are to be assessed for legal professional privilege according to Hong Kong law (lex fori); the Ordinance's s.2(10) and s.13 and the Treaty (art XVII) support applying the requested party's domestic law to searches and seizures, and therefore Hong Kong law governs...

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Citation
RMBSA CORPORATE SERVICES LTD AND ANOTHER v. SECRETARY FOR JUSTICE AND ANOTHER
Parties
1st Plaintiff: RMBSA Corporate Services Limited; 2nd Plaintiff: Romulo, Mabanta, Buena Ventura, Sayoc & De Los Angeles; 1st Defendant: Secretary for Justice; 2nd Defendant: The Commissioner of the Independent Commission Against Corruption
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2009
Case Number
HCMP1412/2008
Procedural Posture
Mutual Legal Assistance / Judicial Review in the High Court (court of First Instance) / Ruling on Preliminary Issue (choice of Law for Legal Professional Privilege)
Outcome
Hong Kong law applies to determine legal professional privilege for the seized documents; order nisi that plaintiffs pay defendants' costs.
Legal Topics
Search and Seizure, Legal Professional Privilege, Choice of Law (lex Fori), Treaty Interpretation, Inspection of Seized Documents
Source Language
en
Mutual Legal Assistance Evidence Criminal Procedure Private International Law Professional Privilege Search and Seizure Legal Professional Privilege Choice of Law (lex Fori) +2 more

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Parties

RMBSA Corporate Services Limited

1st Plaintiff

Romulo, Mabanta, Buena Ventura, Sayoc & De Los Angeles

2nd Plaintiff

Secretary for Justice

1st Defendant

The Commissioner of the Independent Commission Against Corruption

2nd Defendant

Procedural Posture

Mutual Legal Assistance / Judicial Review in the High Court (court of First Instance) / Ruling on Preliminary Issue (choice of Law for Legal Professional Privilege)

Legal Issues

  1. 1 Whether Hong Kong or Philippines law governs legal professional privilege for documents seized in Hong Kong under s.12 of Cap.525
  2. 2 Whether the Treaty or s.10 of the Ordinance requires application of the requesting state's law to a s.12 seizure
  3. 3 Whether inspection by the Hong Kong court would, as a matter of Philippines law, breach privilege and therefore prevent inspection

Ratio Decidendi

Documents seized in Hong Kong under s.12 of Cap.525 are to be assessed for legal professional privilege according to Hong Kong law (lex fori); the Ordinance's s.2(10) and s.13 and the Treaty (art XVII) support applying the requested party's domestic law to searches and seizures, and therefore Hong Kong law governs the privilege determination.

Court Disposition

Hong Kong law applies to determine legal professional privilege for the seized documents; order nisi that plaintiffs pay defendants' costs.

Orders

  • Order nisi, returnable within 14 days, that the plaintiffs pay the defendants' costs as taxed or agreed
  • Order that inspection of the seized documents stand over (ordered 4 November 2009)