Hong Kong Case Law: Decisions & Judgments

Topic

Discovery against non-parties

Legal area

Court

16 Feb 2026

ANGELA CHEN v. WAI WAI CHEN

Citation

[2026] HKCA 266
Court

Court of Appeal
Case number

CACV305/2024

The Court dismissed the bulk of the defendant's applications for leave to appeal and to adduce new evidence because the original discovery against a non‑party was properly refused as premature and/or for lack of necessity and precision, affirmations established non‑existence or lack of power to produce many documents, and the fresh evidence did not meet the special grounds for admission on appeal; limited leave was granted only on a narrow point (Ground 6(3)) concerning whether deployment of the SD waived privilege for certain CHW‑12 materials and only to that specified issue.
31 Jul 2003

BANK OF CHINA (HONG KONG) LTD v. NEW NONGKAI GLOBAL INVESTMENTS LTD

Citation

BANK OF CHINA (HONG KONG) LTD v. NEW NONGKAI GLOBAL INVESTMENTS LTD
Court

Court of First Instance
Case number

HCA2062/2003

The court held that it did not have jurisdiction in the present proceedings to order SHL's court‑appointed receivers (non‑parties) to provide discovery or assistance because they had not been made parties to the application and the NNG Receivers lacked locus to issue the summons in HCMP2414/2003; the correct procedure is to commence fresh proceedings or properly join the SHL Receivers so that the court may, if appropriate, exercise its supervisory jurisdiction and order relief.
16 Mar 2001

MAXWELL ENGINEERING CO. LTD. v. CHUNG FAI ENGINEERING CO. (a firm)

Citation

MAXWELL ENGINEERING CO. LTD. v. CHUNG FAI ENGINEERING CO. (a firm)
Court

Court of First Instance
Case number

HCA10631/1996

The Master’s order compelling the directors to supply accounts of Chung Fai Engineering Company Limited was set aside because those accounts belong to a distinct corporate entity (Chung Fai Engineering Company Limited), not to the individual directors or the judgment debtor, and therefore the directors could not be ordered to produce them under the circumstances.
18 Jun 1998

TO KAN CHI AND OTHERS v. TO KA YI TSO AND OTHERS

Citation

TO KAN CHI AND OTHERS v. TO KA YI TSO AND OTHERS
Court

Court of Appeal
Case number

CACV117/1998

The appeal is allowed and the five writs of subpoena duces tecum are set aside because the subpoenas sought whole, voluminous government files from non-parties without the requisite particularity or a satisfactory evidential basis that the contents were likely to be material and admissible; the trial judge's inferential finding based on 'past experience' was unsupported because he had not inspected the files and could not justify overriding the established rule barring general discovery from non-parties; interlocutory relief was appropriate to prevent oppression of non-parties; costs ordered…
17 Oct 1989

LAU CHI CHIU v. TAI YIEH CONSTRUCTION & ENGINEERING CO LTD

Citation

LAU CHI CHIU v. TAI YIEH CONSTRUCTION & ENGINEERING CO LTD
Court

Court of First Instance
Case number

HCA3589/1989

The court held that the Brett L.J. test in The Peruvian Guano Case applies to s.42 discovery; documents which may directly or indirectly lead to evidence advancing a party's case or damaging the opponent's are 'relevant to an issue arising out of that claim' and therefore discoverable from the Commissioner for Labour subject to judicial discretion and appropriate safeguards; accordingly ordered specified categories of documents to be produced, authorized disclosure under s.5(4) Cap.59 as justice requires, and imposed confidentiality and limited-use undertakings and costs to the Commissioner.
17 Oct 1989

LEUNG BING CHIU v. K-NGAI ENGINEERING CO AND ANOR

Citation

LEUNG BING CHIU v. K-NGAI ENGINEERING CO AND ANOR
Court

Court of First Instance
Case number

HCA3618/1989

The court held that the Peruvian Guano formulation of relevance applies to s.42(1) of the Supreme Court Ordinance; documents that may directly or indirectly advance a party's case or lead to a train of enquiry are 'relevant to an issue arising out of that claim.' Accordingly discovery from the Commissioner for Labour of specified categories of inspector notes, reports, witness declarations, equipment lists and notification documents was ordered, subject to an order under s.5(4) Cap.59 authorizing disclosure and to confidentiality undertakings; the Commissioner is to have his costs of making d…
17 Oct 1989

CHAN TAM SZE v. HIP HING CONSTRUCTION CO LTD AND OTHERS

Citation

CHAN TAM SZE v. HIP HING CONSTRUCTION CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1931/1988

The Peruvian Guano formulation of relevance applies to s.42 discovery; documents which may fairly lead to a train of enquiry relevant to issues in personal injury claims are discoverable from the Commissioner for Labour. Discovery in the present cases is ordered on a specified, limited scope and subject to mandatory safeguards including a specific s.5(4) order under the Factories Ordinance and an undertaking limiting disclosure and use; Commissioner entitled to recover costs of making discovery and of the appeals.

Hong Kong Case Law

ANGELA CHEN v. WAI WAI CHEN

BANK OF CHINA (HONG KONG) LTD v. NEW NONGKAI GLOBAL INVESTMENTS LTD

MAXWELL ENGINEERING CO. LTD. v. CHUNG FAI ENGINEERING CO. (a firm)

TO KAN CHI AND OTHERS v. TO KA YI TSO AND OTHERS

LAU CHI CHIU v. TAI YIEH CONSTRUCTION & ENGINEERING CO LTD

LEUNG BING CHIU v. K-NGAI ENGINEERING CO AND ANOR

CHAN TAM SZE v. HIP HING CONSTRUCTION CO LTD AND OTHERS