17 Oct 1984
F.D.C. CO. LTD. AND ANOTHER v. THE CHASE MANHATTAN BANK, N.A.
- Citation
- F.D.C. CO. LTD. AND ANOTHER v. THE CHASE MANHATTAN BANK, N.A.
- Court
- Court of Appeal
- Case number
- CACV131/1984
The Court held that under Hong Kong law the banker-customer contract includes an implied obligation of confidentiality protecting account information situated in Hong Kong; the compulsion-of-law exception in Tournier cannot be extended to orders of a foreign court compelling disclosure of documents located in Hong Kong. A Hong Kong branch is to be treated as distinct from its head office for this purpose; transfers designed solely to bring documents within a foreign court's jurisdiction may be restrained. Accordingly the injunction restraining disclosure and transfers was upheld and the bank'…