Hong Kong Case Law: Decisions & Judgments

Topic

Publication restrictions

Legal area

Court

3 Nov 2023

CB v. APTHORP, BRIAN DREW

Citation

[2023] HKDC 1556
Court

District Court
Case number

DCPI357/2021

Court granted a limited anonymity order because, on the facts, the interest of the private lives of the plaintiff and the foreseeable risk of further victimisation and psychological harm to the plaintiff and her daughters justified departing from the general rule of open justice; the restriction was proportionate (limited to anonymising the plaintiff's name), the writ's prior limited public disclosure and the timing did not produce prejudice to the defendant or require trial postponement, and alternatives were insufficient to protect the plaintiff's private interests.
2 Mar 2020

WILLIAM A BRANDT, JR, THE CHAPTER 11 OF CFG PERU INVESTMENTS PTE LTD (SINGAPORE) v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD

Citation

[2020] HKCFI 333
Court

Court of First Instance
Case number

HCMP134/2018

The court held that the complained passages did not contravene Practice Direction 25.2, that the Trustee was entitled to rely on and refer to evidence lawfully obtained and filed in the Chapter 11 proceedings (and already read by the US judge), that the proviso in the 6 June 2018 order permitted use of lawfully obtained material, and that HSBC's interlocutory application dated 16 July 2019 must be dismissed; a finding of contempt would require separate proceedings and was not appropriate on the summons before the court.
2 Aug 2002

L v. EQUAL OPPORTUNITIES COMMISSION AND OTHERS

Citation

L v. EQUAL OPPORTUNITIES COMMISSION AND OTHERS
Court

Court of Appeal
Case number

CACV265/2002

The Court of Appeal exercised its inherent jurisdiction afresh and held that anonymity should be granted: where a plaintiff sues under the Disability Discrimination Ordinance alleging mental disability and identity is irrelevant to public interest, the administration of justice is best served by preventing publication of his name to avoid stigma and future discrimination; accordingly the appeal was allowed and a publication restriction/anonymity order was made limiting naming and other identification in reports and the titular page of the judgment.
31 Jul 1989

PETROLIAM NASIONAL BERHAD AND OTHERS v. GEORGE TAN SOON GIN

Citation

PETROLIAM NASIONAL BERHAD AND OTHERS v. GEORGE TAN SOON GIN
Court

Court of Appeal
Case number

CACV53/1989

The Court refused to overturn the trial judge's exercise of discretion to stay the civil proceedings because the judge lawfully balanced the competing interests, legitimately gave weight to the defendant's right to reserve his defence and silence, and reached a conclusion within the range of reasonable outcomes; the appeal to discharge the stays was dismissed, subject to reconsideration if criminal proceedings remain unready after a reasonable period (six months suggested).
31 Jul 1989

PETROLIAM NASIONAL BERHAD AND OTHERS v. GEORGE TAN SOON GIN

Citation

PETROLIAM NASIONAL BERHAD AND OTHERS v. GEORGE TAN SOON GIN
Court

Court of Appeal
Case number

CACV58/1989

The Court upheld the exercise of the trial judge's discretion to stay the civil proceedings: the judge properly balanced the competing interests, correctly afforded significant weight to the defendant's right to silence and potential prejudice to criminal proceedings, and his decision was within the range of reasonable judicial choices; accordingly the appeal to set aside the stays is dismissed, with a direction that the position be reviewed if criminal proceedings are not ready within six months.

Hong Kong Case Law

CB v. APTHORP, BRIAN DREW

WILLIAM A BRANDT, JR, THE CHAPTER 11 OF CFG PERU INVESTMENTS PTE LTD (SINGAPORE) v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD

L v. EQUAL OPPORTUNITIES COMMISSION AND OTHERS

PETROLIAM NASIONAL BERHAD AND OTHERS v. GEORGE TAN SOON GIN

PETROLIAM NASIONAL BERHAD AND OTHERS v. GEORGE TAN SOON GIN