Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mutual taking of evidence

Legal area

Court

26 Mar 2024

CHINA METAL RECYCLING (HOLDINGS) LTD (IN LIQUIDATION) v. DELOITTE TOUCHE TOHMATSU (A FIRM)

Citation

[2024] HKCFI 877
Court

Court of First Instance
Case number

HCA1517/2016

Granting the letter of request and leave to file further evidence was justified: the documents were precisely identified and likely in the possession of Deloitte China in Shanghai; PRC regulations prevent free outbound transmission so the Arrangement is the appropriate route; the defendant made reasonable attempts to limit and obtain documents by other means; the application was bona fide and timely; accordingly the court should exercise its discretion in the defendant's favour and order the request via the Arrangement.
9 Nov 2021

HUANG YU HUI v. ZHENG SHIZHI

Citation

[2021] HKCFI 3362
Court

Court of First Instance
Case number

HCA646/2015

The summons for issuance of a letter of request was dismissed because Article 6, as negotiated between Mainland China and Hong Kong, does not permit the interactive cross-examination sought by the Defendant when Hong Kong is the requesting party; the request therefore falls outside the Arrangement's scope and was likely not to be executed by the Mainland courts, making the LR futile.