Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Company inspection
  • 22 Mar 2001

    HKSAR v. LEE MING TEE AND ANOTHER

    Citation
    HKSAR v. LEE MING TEE AND ANOTHER
    Court
    Court of Final Appeal
    Case number
    FACC8/2000

    The Court held that the Financial Secretary acting through his agents lawfully disclosed materials obtained under the Companies Ordinance to prosecuting authorities; s145(3A) validly abrogated the common law privilege and only prohibits direct use of compelled answers, and no free-standing common-law derivative use immunity exists; Article 11(2)(g) did not apply to the inspector interviews conducted before charges; despite improper official conduct and prejudicial publication, a fair trial remained possible with judicial remedies, therefore the permanent stay was wrongly ordered and must be s…