Hong Kong Case Law: Decisions & Judgments

Topic

Admissibility of foreign conviction

Legal area

Court

9 Nov 2010

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. GOLD GLOBAL LTD AND OTHERS

Citation

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. GOLD GLOBAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCCL17/2009

The application to amend was refused because the Taiwan conviction and judgment are inadmissible for the purposes sought under the long-established Hollington principle (not displaced by O'Brien), there was no valid waiver or estoppel by Mr Hu, the Court of Appeal costs orders are unambiguous in Hu's favour, and the Plaintiff's application was in any event unduly delayed; accordingly leave to amend was refused and costs awarded to the 4th defendant.
9 Nov 2010

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. HARMUTTY LTD AND OTHERS

Citation

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. HARMUTTY LTD AND OTHERS
Court

Court of Appeal
Case number

CACV352/2008

The Master refused the plaintiff's applications to amend the lists of objections. He held that the Taiwan criminal conviction and judgment were inadmissible and irrelevant under the Hollington principle as applied in Hong Kong (section 62 of the Evidence Ordinance only modifies admissibility for Hong Kong convictions under strict conditions); O'Brien did not displace the Hollington rule in the circumstances alleged; waiver and estoppel arguments failed; the Court of Appeal costs orders, properly construed, entitled Mr Hu to the costs claimed; the plaintiff's application was also barred by unj…
9 Nov 2010

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS

Citation

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS
Court

Court of Appeal
Case number

CACV210/2008

The application to amend was refused: the Taiwan conviction and judgment are inadmissible and irrelevant for the purposes of taxation of costs under the Hollington principle (as applied in Hong Kong and modified only narrowly by statute), O'Brien did not justify admission here, waiver/estoppel were not established, the Court of Appeal costs orders are unambiguous in entitling the 4th defendant to costs, and the plaintiff's application was unduly late; accordingly leave to amend was dismissed and costs ordered against the plaintiff.

Hong Kong Case Law

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. GOLD GLOBAL LTD AND OTHERS

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. HARMUTTY LTD AND OTHERS

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS