Hong Kong Case Law: Decisions & Judgments

Topic

Statutory abrogation of privilege

Legal area

Court

7 Sept 2004

RE AKAI HOLDINGS LIMITED (IN COMPULSORY LIQUIDATION)

Citation

RE AKAI HOLDINGS LIMITED (IN COMPULSORY LIQUIDATION)
Court

Court of First Instance
Case number

HCCW50/2000

Article 11(2)(g) applies to s.221 examinations where the examinee has been charged, but in relation to the existing charges under the Theft Ordinance (Cap.210) the immunity is expressly abrogated by s.33(1) Cap.210 which also provides a direct-use prohibition. The statutory scheme and safeguards are proportionate. Balancing the liquidators' pressing investigatory need against potential oppression, the court exercised its discretion to order a private examination and production of documents; the respondent's summons to stay was dismissed.
7 Sept 2004

RE KONG WAH HOLDINGS LTD. (IN COMPULSORY LIQUIDATION)

Citation

RE KONG WAH HOLDINGS LTD. (IN COMPULSORY LIQUIDATION)
Court

Court of First Instance
Case number

HCCW49/2000

Article 11(2)(g) applies to examinations under s.221 where the examinee faces criminal charges, but where the criminal charges fall under the Theft Ordinance the privilege is expressly abrogated by s.33(1) of the Theft Ordinance providing a direct-use prohibition; on balancing the liquidators' pressing need for first-hand information, the public interest in insolvency investigations and the safeguards in s.33(1), the court exercised its discretion to order private examination and production of documents and dismissed the respondent's summons to stay.
4 Sept 1997

HKSAR v. LEE CHIN MING

Citation

HKSAR v. LEE CHIN MING
Court

Court of First Instance
Case number

HCMA107/1997

The phrase "any person" in s.13(1)(b) was held to include persons alleged or suspected of committing offences; s.13(3)'s express overriding language demonstrates clear legislative intent to abrogate the common law privilege against self-incrimination in the context of s.13; accordingly suspects could be lawfully required to disclose information and produce documents and could not rely on privilege or on that privilege as a "reasonable excuse" under s.13(3).

Hong Kong Case Law

RE AKAI HOLDINGS LIMITED (IN COMPULSORY LIQUIDATION)

RE KONG WAH HOLDINGS LTD. (IN COMPULSORY LIQUIDATION)

HKSAR v. LEE CHIN MING