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Hong Kong Case Law

Arrangement on mutual taking of evidence
  • 27 Jan 2023

    BOLD SHINE INVESTMENT LTD v. TSUI YEE KWAN

    Citation
    [2023] HKCA 73
    Court
    Court of Appeal
    Case number
    CAMP412/2022

    Cross‑examination in the conventional Hong Kong sense is outside the scope of Article 6 of the Arrangement when the HKSAR court is the requesting party; where only examination‑in‑chief or an unspecified limited form of cross‑examination may be available, the applicant must demonstrate necessity for the purposes of justice and the extent/value of any limited cross‑examination; the applicant failed to do so and delay and lack of evidence on the extent of permissible cross‑examination justified refusal of the letters of request and refusal of leave to appeal.