Hong Kong Case Law: Decisions & Judgments

Topic

Depositions

Legal area

Court

2 Oct 2024

ANG JIMMY TJUN MIN v. KHOO CHUN KIM AND OTHERS

Citation

[2024] HKCFI 2380
Court

Court of First Instance
Case number

HCA16/2021

The variation summonses were dismissed because Mother failed to demonstrate in her initial supporting affirmations that her evidence was necessary and material for depositions before trial, instead providing critical particulars only in reply (thereby withholding the gist); Jimmy’s subsequent consent on 31 August 2023 did not entitle Mother or the other applicants to re‑apportion earlier costs, so costs of the variation summonses are ordered to be paid by the respective applicants to Jimmy and to be taxed if not agreed.
30 Nov 2023

ANG JIMMY TJUN MIN v. KHOO CHUN KIM AND OTHERS

Citation

[2023] HKCFI 3047
Court

Court of First Instance
Case number

HCA16/2021

VCF was refused because the applicant failed to establish she was incapable of travelling to Hong Kong or that travel would be life‑threatening; her medical evidence was insufficiently specific, she had recently travelled to Shanghai, and her evidence is likely to be hotly contested so the solemnity of in‑court examination was necessary; accordingly deposition ordered in person before a Master and VCF application dismissed.
16 Jan 2023

KWAN KWOK KI v. WONG TUNG HUNG AND OTHERS

Citation

[2023] HKCFI 150
Court

Court of First Instance
Case number

HCA1343/2014

The court allowed the defendants' summons for pre-trial examination of Mr Lam under Order 39 r 1(1) because his evidence is central and material to the pleaded No Loss Defence, he is the only witness who can give direct evidence on key facts, the quantum is substantial, and his advanced age combined with the COVID-19 pandemic creates a real risk of non-attendance; the order is conditional that any deposition is only receivable at trial upon proof that the witness is dead or unable through sickness or infirmity to attend, thereby balancing necessity against prejudice to the plaintiff.
1 Dec 1998

LIU SUNG WAI v. HKSAR

Citation

LIU SUNG WAI v. HKSAR
Court

Court of Final Appeal
Case number

FACC2/1998

The court held the evidence taken in Los Angeles on the second occasion was not a deposition under Part VIIIA because the relevant letter of request had not been transmitted to the US court and therefore the evidence was inadmissible; absent admissible evidence that the letters of credit were false, the property convictions could not stand and the entry conviction was also vitiated by the misreception of evidence, warranting quashing of all convictions.

Hong Kong Case Law

ANG JIMMY TJUN MIN v. KHOO CHUN KIM AND OTHERS

ANG JIMMY TJUN MIN v. KHOO CHUN KIM AND OTHERS

KWAN KWOK KI v. WONG TUNG HUNG AND OTHERS

LIU SUNG WAI v. HKSAR