Hong Kong Case Law: Decisions & Judgments

Topic

Privilege and confidentiality

Legal area

Court

15 Apr 2011

FENN KAR BAK LILY AND ANOTHER v. MATTHEW CHAN AND ANOTHER

Citation

FENN KAR BAK LILY AND ANOTHER v. MATTHEW CHAN AND ANOTHER
Court

Court of First Instance
Case number

HCPI402/2008

Given the magnitude and nature of the 1st plaintiff's claims for loss of income and diminution in firm value, the court held that discovery of primary accounting documents relevant to income generation (billing records, professional fee ledgers, firm tax computations and related partnership records) was necessary for a fair disposal; confidentiality and partner objections did not preclude disclosure but the court granted liberty to seek protective measures and limited discovery where documents did not exist or were disproportionate.
22 Nov 2001

CHAN KING SHEEN v. K C TSANG & CO., SOLICITORS (a firm) & ANOTHER

Citation

CHAN KING SHEEN v. K C TSANG & CO., SOLICITORS (a firm) & ANOTHER
Court

Court of First Instance
Case number

HCA994/2001

The court held that the firm had been representing the plaintiff in respect of the registration and related matters and therefore must deliver up the documents listed in Part I; the defendant's attempt to treat a third party (ST Lee) as having authority to withhold documents was erroneous. Part II documents were held to raise arguable defences of privilege/confidentiality so the defendant may defend as to those. The interpleader application was dismissed and a scandalous paragraph in the statement of claim was struck out. Damages for wrongful retention to be assessed and costs directions give…
2 Sept 1983

ASIA TELEVISION LTD v. GOLDEN STAR VIDEO BERHAD

Citation

ASIA TELEVISION LTD v. GOLDEN STAR VIDEO BERHAD
Court

Court of Appeal
Case number

CACV118/1983

The Court of Appeal refused to disturb the judge's discretion in ordering production: the disputed documents related to matters in question (rectification, waiver and evidence of conduct), the judge did not misapply principle in declining to inspect, and confidentiality concerns did not justify blanket refusal because irrelevant or prejudicial portions could be sealed off by agreement or on application; the order was therefore upheld but varied to permit sealing of irrelevant material and to vary costs relating to the Master’s hearing.
31 Dec 1981

RE HONG KONG ORIENT SHIPPING CO LTD SA

Citation

RE HONG KONG ORIENT SHIPPING CO LTD SA
Court

Court of First Instance
Case number

HCMP1677/1981

The High Court allowed the judicial review: the Coroner erred in ordering disclosure of crew statements because the statements were the property of the Marine Department and disclosure would constitute a breach of trust; the Coroner failed to have proper regard to Section 60(2) of the Shipping and Port Control Ordinance and to the public interest in preserving confidentiality which could impair future Marine Department investigations; therefore disclosure to all interested parties was unlawful and the Coroner's order was set aside.

Hong Kong Case Law

FENN KAR BAK LILY AND ANOTHER v. MATTHEW CHAN AND ANOTHER

CHAN KING SHEEN v. K C TSANG & CO., SOLICITORS (a firm) & ANOTHER

ASIA TELEVISION LTD v. GOLDEN STAR VIDEO BERHAD

RE HONG KONG ORIENT SHIPPING CO LTD SA