Hong Kong Case Law: Decisions & Judgments

Topic

Discovery from non-parties

Legal area

Court

21 Feb 2007

WONG CHONG YIP v. CHAN YIN FONG

Citation

WONG CHONG YIP v. CHAN YIN FONG
Court

Court of First Instance
Case number

HCPI755/2006

The plaintiff is entitled to discovery of the specified settlement-related documents as they are relevant; the defendant is not ordered to produce them because he swore he had none; Wing Lung and TRM are ordered to disclose the documents under High Court Ordinance s42 and O.24 r.7A because the documents were not created for the dominant purpose of litigation and thus are not protected by litigation privilege; costs awarded against the defendant and against Wing Lung and TRM as specified; hearing dates retained.
7 Jul 2004

SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER

Citation

SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER
Court

Court of First Instance
Case number

HCA6641/2000

The judge refused to recuse because the decisive finding that ESCT was under the unfettered control of Egana was based on evidence supplied by the defendants themselves and public records, not solely on plaintiff material; the ruling addressed a discrete interlocutory issue (control for discovery), avoided any assessment of witness credibility, and defendants had the opportunity to present affidavits but chose not to; therefore a fair‑minded informed observer would not perceive a real possibility of bias.
15 Feb 1978

YU KAM-CHUNG v. CHENG WAI-HING AND ANOTHER

Citation

YU KAM-CHUNG v. CHENG WAI-HING AND ANOTHER
Court

Court of First Instance
Case number

HCA2181/1976

A routine notice of accident submitted by the insured to its insurer as part of the insurance claim process is not privileged and must be disclosed; a non-party insurer cannot claim privilege over such a document unless the insurer proves the document was created with the dominant purpose of obtaining legal advice or preparing litigation material; the correspondence was not ruled on and remains to be considered if specifically challenged.

Hong Kong Case Law

WONG CHONG YIP v. CHAN YIN FONG

SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER

YU KAM-CHUNG v. CHENG WAI-HING AND ANOTHER