Hong Kong Case Law: Decisions & Judgments

Topic

Taking of evidence abroad

Legal area

Court

28 Jan 2021

DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD AND OTHERS

Citation

[2021] HKCFI 249
Court

Court of First Instance
Case number

HCA2939/2016

The court exercised its discretion to grant the letters of request because (1) SVO's evidence was necessary for the purposes of justice and central to contested issues; (2) on the evidence SVO could not reasonably be expected to attend Hong Kong or be induced to do so and was unwilling to give evidence by video-link; and (3) a proper and effective cross-examination could, subject to specific procedural requests, be conducted in the Netherlands under the Hague Convention, with most prejudice being compensable by costs.
13 Dec 2002

KWAN CHUI KWOK YING AND ANOTHER v. TAO WAI CHUN AND OTHERS

Citation

KWAN CHUI KWOK YING AND ANOTHER v. TAO WAI CHUN AND OTHERS
Court

Court of Appeal
Case number

CACV194/2002

The Court of Appeal held the Deputy High Court Judge erred in setting aside the 14 May 1999 order: there was sufficient foundation (expert evidence and subsequent execution by Macau) to suppose Macau would accept the letter of request, issue estoppel barred re-litigation of the jurisdictional fact, and the 12 March 2002 order setting aside the 14 May 1999 order was therefore set aside and the earlier order restored; accordingly the appeal is allowed and costs were ordered against the respondent.
28 Jul 1982

ATTORNEY GENERAL v. LUI LOK

Citation

ATTORNEY GENERAL v. LUI LOK
Court

Court of Appeal
Case number

CACV68/1982

The appeal was allowed and the order for examination in Taiwan set aside because the defendant had emigrated to Taiwan solely to avoid criminal proceedings and therefore had not shown that examination abroad 'appears necessary for the purposes of justice'; the court will not grant an order that effectively aids a fugitive from justice and the defendant must establish necessity to displace the normal requirement of viva voce attendance for assessment of credibility.

Hong Kong Case Law

DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD AND OTHERS

KWAN CHUI KWOK YING AND ANOTHER v. TAO WAI CHUN AND OTHERS

ATTORNEY GENERAL v. LUI LOK