Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Jurisdiction and discretion

Legal area

Court

23 Jul 2007

CHAN MEI YIU, PADDY AND OTHERS v. SECRETARY FOR JUSTICE

Citation

CHAN MEI YIU, PADDY AND OTHERS v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCMP1175/2007

The court held that Order 39 is available to issue letters of request for overseas evidence in judicial review proceedings even when the underlying matter is criminal in origin because the High Court Rules apply to O 53 proceedings subject to an appropriateness test; therefore the court has jurisdiction under O 39 to issue the requested letters of request and will determine the exercise of that discretion on specified later dates.
24 May 1985

YUEN v. YUEN

Citation

YUEN v. YUEN
Court

Court of Appeal
Case number

CACV46/1985

The appeal was dismissed because the Deputy Judge was entitled to find the Respondent could obtain and produce the partnership accounts (either from his own copies or via the accountant as agent), the alleged partners' agreement was not a properly raised or established ground to defeat production, and there was no error in the Judge's factual findings or exercise of discretion.