Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bank account production

Legal area

Court

22 Jan 2024

BRUCE JAMES STINSON v. GU MING GAO AND ANOTHER

Citation

[2024] HKCFI 171
Court

Court of First Instance
Case number

HCA2352/2012

The Master refused the bulk of the fresh discovery application because most categories were unnecessary or already addressed by the 2014 Order and the plaintiff's sworn affirmations were, in the absence of contrary evidence, conclusive; a limited order was made requiring the plaintiff to affirm and produce HSBC joint account statements for 27 January 2004 to 27 July 2012 because a prima facie case for those specific records was established.
20 Mar 2023

CHEN YUNG NGAI KENNETH AND ANOTHER v. CHONG HING BANK LTD AND OTHERS

Citation

[2023] HKCFI 826
Court

Court of First Instance
Case number

HCB3819/2011

The Trustees demonstrated reasonable grounds to suspect that the specified accounts related to the bankrupt or his nominees and that the account opening records and transaction documents were reasonably necessary for the Trustees' functions; accordingly production orders under s29 BO were appropriate in respect of certain accounts. However, as a general rule account holders should be given notice or be joined unless exceptional circumstances exist; absent such circumstances the court will require notice before making orders. Applying those principles, production orders were granted against Ch…