Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bankers' books disclosure

Legal area

Court

24 Jan 2024

THE JOINT AND SEVERAL LIQUIDATORS OF GREEN ELITE LTD (IN OFFICIAL LIQUIDATION IN THE BRITISH VIRGIN ISLANDS) v. STANDARD CHARTERED BANK (HONG KONG) LTD

Citation

[2024] HKCFI 259
Court

Court of First Instance
Case number

HCMP2187/2022

The court granted discovery against SCB limited to documents necessary to trace the Director's Debt (not the sale proceeds distribution already traced to the three directors by the BVI court): account opening documents, bank statements and communications for accounts 8522350750, 5100023 and any other SCB accounts in the name of Fang Ankong from April 2010 to date; wider discovery in relation to the sale proceeds and immediate further transaction-specific disclosure were refused; disclosed material may be used for enforcement proceedings and, if evidence justifies, for criminal reporting or pr…
30 Aug 2022

AICI TAN v. ZHU YUAN MU GYXY TRADE LTD AND OTHERS

Citation

[2022] HKDC 909
Court

District Court
Case number

DCCJ2078/2022

The court found the plaintiff has a viable proprietary claim to the funds and that the bankers' records sought are highly germane to tracing those funds; disclosure pursuant to s21 Evidence Ordinance is necessary and proportionate because it is likely to lead to locating or preserving assets, the scope is not excessive and account holder privacy was considered and outweighed by the need for disclosure, therefore a disclosure order was made and costs awarded to the banks on an indemnity basis.