Hong Kong Case Law: Decisions & Judgments

Topic

Common interest privilege

Legal area

Court

31 Mar 2026

COSIMO BORRELLI AND OTHERS v. LINKLATERS (A FIRM)

Citation

[2026] HKCFI 1910
Court

Court of First Instance
Case number

HCMP410/2025

The judge found on the totality of the evidence that the Documents belonged to SIL and the receivers; Linklaters did not oppose production; CNG failed to demonstrate an arguable appeal on the primary findings of fact or that privilege prevents disclosure to SIL; therefore there was no good reason to grant a stay pending appeal and the order for production should stand, subject only to an interim stay if CNG files a stay application in the Court of Appeal by the specified deadline.
5 Nov 2025

COSIMO BORRELLI AND OTHERS v. LINKLATERS (A FIRM)

Citation

[2025] HKCFI 5293
Court

Court of First Instance
Case number

HCMP410/2025

The Court found Linklaters acted for SIL and CNG under separate retainers (not a joint retainer); many Category 2 documents belong to both SIL and CNG and SIL is entitled to copies; common interest privilege and limited waiver meant privilege was preserved only for the arbitration purpose and did not prevent SIL obtaining copies of its documents; Linklaters must produce the listed documents except those from the period when it acted solely for CNG (up to 10 December 2020) or documents already produced; CNG permitted to intervene; Receivers’ application adjourned sine die; specified costs orde…
30 Sept 2022

LAI CHEE YING v. COMMISSIONER OF POLICE

Citation

[2022] HKCFI 3003
Court

Court of First Instance
Case number

HCMP1218/2020

On the evidence the plaintiff failed to discharge the burden to show litigation was reasonably in contemplation before the 10 August 2020 search and that the disputed communications were created for the sole or dominant purpose of conducting litigation; furthermore JM claims were unparticularised and did not demonstrate that materials were created or acquired for journalism. Therefore, except for specific conceded items (53,59–60,66–68), the asserted LPP and all JM claims are dismissed; Commissioner may inspect and use the seized materials subject to the carve-out; costs awarded to Commission…
20 Jul 2007

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. THE GRANDE HOLDINGS LTD AND OTHERS

Citation

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. THE GRANDE HOLDINGS LTD AND OTHERS
Court

Court of First Instance
Case number

HCCW49/2000

The court held that (1) the 1st to 3rd respondents and the 4th respondent are entitled to claim legal professional privilege for the documents in the ground 2 category by reason of common interest and there was no express or implied waiver on the facts; (2) where privilege properly belongs to Akai and/or Kong Wah (ground 3), those documents must be disclosed to the liquidators and the 1st to 3rd respondents cannot assert privilege against the liquidators in respect of Akai/Kong Wah documents; and (3) legal advice privilege applies to the documents in dispute and lack of contemporaneous posses…
20 Jul 2007

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. THE GRANDE HOLDINGS LTD AND OTHERS

Citation

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. THE GRANDE HOLDINGS LTD AND OTHERS
Court

Court of First Instance
Case number

HCCW50/2000

The court held that there was no express or implied waiver by the 4th respondent or the 1st–3rd respondents of LPP in respect of the ground 2 documents; both the 4th respondent and the 1st–3rd respondents are entitled to claim privilege on common interest grounds; documents that properly belong to Akai and/or Kong Wah (ground 3) and for which privilege belongs to those companies must be disclosed to the liquidators; legal advice privilege is available for the impugned documents even where litigation privilege may not be established; unresolved discrete items were to be determined subsequently…
18 May 2005

AXA CHINA REGION INSURANCE CO LTD AND ANOTHER v. PACIFIC CENTURY INSURANCE CO LTD AND OTHERS

Citation

AXA CHINA REGION INSURANCE CO LTD AND ANOTHER v. PACIFIC CENTURY INSURANCE CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA9093/2000

The court held that the questionnaires and responses are covered by litigation privilege and common interest privilege and privilege was not waived by mere reference in affidavits, so production was refused; the Undertaking was not confined to PMS usage and PCI must further search and deliver SAMS printouts in non-PMS policies issued on or after 21 July 2000 and must further comply with paragraphs (3) and (4) of DJ To's Order limited to specified categories; an Unless order striking out the defence was inappropriate and the orders were to be amended to include the usual cross-undertaking as t…
24 Dec 2003

SAMUEL TAK LEE & ANOTHER v.CHAN KING SHEEN & ANOTHER

Citation

SAMUEL TAK LEE & ANOTHER v.CHAN KING SHEEN & ANOTHER
Court

Court of Appeal
Case number

CACV436/2002

The Court allowed the appeal, set aside the lower court injunctions and orders because the plaintiffs were estopped by earlier proceedings and this court's prior judgment which required delivery of the Part I documents, and because the plaintiffs failed to adducespecific evidence of privilege, confidentiality or likely misuse sufficient to justify an interlocutory restraint.

Hong Kong Case Law

COSIMO BORRELLI AND OTHERS v. LINKLATERS (A FIRM)

COSIMO BORRELLI AND OTHERS v. LINKLATERS (A FIRM)

LAI CHEE YING v. COMMISSIONER OF POLICE

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. THE GRANDE HOLDINGS LTD AND OTHERS

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. THE GRANDE HOLDINGS LTD AND OTHERS

AXA CHINA REGION INSURANCE CO LTD AND ANOTHER v. PACIFIC CENTURY INSURANCE CO LTD AND OTHERS

SAMUEL TAK LEE & ANOTHER v.CHAN KING SHEEN & ANOTHER