Hong Kong Case Law: Decisions & Judgments

Topic

Letters of request / mutual legal assistance

Legal area

Court

10 May 2016

VELATEL GLOBAL COMMUNICATIONS INC AND ANOTHER v. CHINACOMM LTD AND OTHERS

Citation

VELATEL GLOBAL COMMUNICATIONS INC AND ANOTHER v. CHINACOMM LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1978/2011

The court exercised its discretion to grant a conditional adjournment to 23 June 2016 to permit defendants further opportunity to secure D6's evidence, but only on terms: defendants must pay plaintiffs' costs summarily assessed and provide firm evidence about the Mainland trial, letter of request and video‑link options; the application to adduce Li Hong Ji’s witness statement was dismissed as late, duplicative and effectively untestable; costs of $269,599 were ordered on an indemnity basis payable within 14 days.
28 Mar 2014

HKSAR v. HON MING KONG AND OTHERS

Citation

HKSAR v. HON MING KONG AND OTHERS
Court

Court of Appeal
Case number

CACC272/2011

Spreadsheets were admissible as they were prepared, circulated, discussed and acted upon by D1/D2 and thus properly relied upon as adopted instruments; the notebook was not established as contemporaneous and should not have been admitted as independent substantive evidence so convictions principally reliant on it were unsafe and quashed; the absence of Mainland witnesses did not establish an abuse since the defence had not used diligent, timely and demonstrable steps to secure admissible evidence, the Hong Kong and Mainland authorities did provide assistance and no bad faith was proved; accor…
8 Mar 2013

YANG FOO-OI v. WAI WAI CHEN AND ANOTHER

Citation

YANG FOO-OI v. WAI WAI CHEN AND ANOTHER
Court

Court of First Instance
Case number

HCA1739/2010

The court found on the facts that the Subject Document fell within Schedule A / the Letter of Request and was relevant evidence of the Family Arrangements such that special circumstances existed to release the implied undertaking to permit Angela, a third party, to use the Subject Document in the California Action; however the court refused leave to use the document in intended contempt proceedings. The release would not occasion injustice to the disclosing party. Costs were apportioned accordingly.

Hong Kong Case Law

VELATEL GLOBAL COMMUNICATIONS INC AND ANOTHER v. CHINACOMM LTD AND OTHERS

HKSAR v. HON MING KONG AND OTHERS

YANG FOO-OI v. WAI WAI CHEN AND ANOTHER