Hong Kong Case Law

19 Jan 2022

AB v. X AND OTHERS

Citation

[2022] HKCFI 132

Court

Court of First Instance

Case number

HCMP971/2021

The Judge held the Board and ALJ are not a 'court or tribunal' for the purposes of s75 EO under US law or Hong Kong law and therefore the Master lacked jurisdiction to make the Order; in any event there was material and in part deliberate non-disclosure regarding real risks of self-incrimination and other material facts, so the Order was set aside and no re-grant was appropriate.

• Hague evidence convention 1970
• Letters of request
• Jurisdiction under evidence ordinance cap 8
• Court or tribunal concept
• Civil proceedings vs administrative proceedings
• Privilege against self-incrimination