Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Absolute immunity for investigatory material
  • 20 Jul 2005

    YUEN OI YEE, LISA v. CHIU WING WAH, WILSON

    Citation
    YUEN OI YEE, LISA v. CHIU WING WAH, WILSON
    Court
    District Court
    Case number
    DCCJ7080/2003

    The court applied the implied undertaking rule and the principle of absolute immunity to documents and information supplied to the EOC, concluded the plaintiff could not lawfully use the EOC‑supplied complaint letter and related e‑mails in collateral defamation or malicious falsehood proceedings, found the fresh Statements of Claim disclosed no reasonable cause of action and were frivolous, vexatious and an abuse of process, and therefore struck out and dismissed the Writs of Summons and Statements of Claim and awarded costs to the defendants.