Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Disclosure of examination transcripts

Legal area

Court

31 Mar 2009

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD(in Liquidation) v. THE GRANDE HOLDINGS LTD AND OTHERS

Citation

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD(in Liquidation) v. THE GRANDE HOLDINGS LTD AND OTHERS
Court

Court of Appeal
Case number

CACV326/2008

The appeals were allowed and the orders below set aside because the s.221 examinations were conducted for the purpose of obtaining legal advice and litigation, so the resulting transcripts are protected by legal professional privilege which belongs to the liquidators; the respondents and related companies have no entitlement to access and waiver was not established.
2 Oct 2007

THE SECRETARY FOR JUSTICE v. JAMES HENRY TING

Citation

THE SECRETARY FOR JUSTICE v. JAMES HENRY TING
Court

Court of Appeal
Case number

CACV332/2007

The Court refused the stay because, after forming a preliminary view, the appeal lacked sufficient prospects of success to justify a stay; there is strong public interest in concluding long‑running investigations (seven years since liquidation) and the judge's confidentiality and use restrictions on release of transcripts to the Department of Justice/Commercial Crimes Bureau adequately protect against prejudice to the appellant, so a stay would be inappropriate.