Hong Kong Case Law: Decisions & Judgments

Topic

Bankers' books

Legal area

Court

22 Feb 2018

AKBANK T.A.S. v. MAINFORD LTD AND OTHERS

Citation

[2018] HKCFI 363
Court

Court of First Instance
Case number

HCA3264/2016

The court applied the relevance test under s.21 and, balancing privacy concerns and the need to trace misappropriated funds in a large-scale cyber fraud, ordered Standard Chartered Bank to produce records of Real Friendship Limited despite the account holder's deregistration and absence of service because the records were likely germane to issues and would assist tracing proceeds of the fraud.
29 Apr 2013

BHP BILLITON MARKETING AG, BAAR SWITZERLAND v. TRANSFIELD SHIPPING INC, PANAMA

Citation

BHP BILLITON MARKETING AG, BAAR SWITZERLAND v. TRANSFIELD SHIPPING INC, PANAMA
Court

Court of First Instance
Case number

HCA2124/2011

The discovery order was upheld because the plaintiff, as beneficiary of the Mareva injunction and now a judgment creditor, was entitled to targeted disclosure under s21 to identify and secure assets: there was compelling evidence the Account was being used by the defendant (it was nominated in the Swap Agreement and received the RTI payment), confidentiality was outweighed by the need to make the injunction effective, and retrospective leave granted by the English court cured the procedural defect so the HK injunction and ancillary discovery remained operative.
28 Jul 1975

THE QUEEN v. R. STURGEON

Citation

THE QUEEN v. R. STURGEON
Court

District Court
Case number

DCCC85/1975

The paid bank drafts and corresponding entries in the Hang Seng Bank's registers constitute business records within s.22; the indorsements on 22 drafts (groups I and II) are admissible under s.22 because the circumstances and ledger references permit the irresistible inference that the Northern Bank (beyond the seas) adopted those indorsements and its officers cannot reasonably be expected to testify; the remaining 18 drafts lack sufficient relevance and critical indicia to permit a reasonable inference that their proceeds were credited to the accused and are therefore inadmissible (excluded…

Hong Kong Case Law

AKBANK T.A.S. v. MAINFORD LTD AND OTHERS

BHP BILLITON MARKETING AG, BAAR SWITZERLAND v. TRANSFIELD SHIPPING INC, PANAMA

THE QUEEN v. R. STURGEON