Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Euroclear securities settlement
  • 18 Jul 2002

    Re Jinro (HK) International Ltd.

    Citation
    Re Jinro (HK) International Ltd.
    Court
    Court of First Instance
    Case number
    HCCW1352/2001

    Pre-statute-demand discussions were not protected by without prejudice privilege because no dispute over petitioners' rights existed and communications were requests for accommodation; the post-demand without prejudice letter did not contain an unambiguous admission or impropriety sufficient to pierce privilege and therefore its relevant references are inadmissible; the contested factual descriptions of the Euroclear system were admissible as factual evidence based on the deponent's experience and, in any event, admissible as opinion under s58(2) or O.38 r.36; only the last sentence of paragr…