Hong Kong Case Law: Decisions & Judgments

Topic

Impeachment of credit

Legal area

Court

28 Sept 2016

CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC. AND ANOTHER

Citation

CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC. AND ANOTHER
Court

Court of First Instance
Case number

HCA537/2013

Discovery was ordered for agreements and communications (audio or written) relating to the discontinuance of third party proceedings in exchange for cooperation as witnesses because such benefits or sanctions are relevant to witness credibility and the integrity of the litigation; the agreements were not protected by litigation privilege in the circumstances and the word 'documents' in the request was refined to avoid vagueness.
6 Feb 2015

KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS

Citation

KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS
Court

Court of First Instance
Case number

HCA811/2010

The appeal was dismissed because the powers of attorney sought were not part of the pleaded false evidence in the action and mere relevance did not satisfy the purposes in Order 24 r 13(1); specific discovery aimed principally at impeaching credit is not generally permitted; the master properly exercised his discretion in refusing production.
4 Feb 2015

HKSAR v. KONG WAI LUN

Citation

HKSAR v. KONG WAI LUN
Court

Court of Final Appeal
Case number

FACC5/2014

The judge properly refused to admit Mr Wong's evidence because the proffered events were not sufficiently similar or cogent to be relevant as similar fact evidence and only bore tenuously on credibility; even on the voir dire the evidence would not have altered the judge's conclusion that the appellant's statements were made and were voluntary, therefore the exclusion was correct and the appeal is dismissed.

Hong Kong Case Law

CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC. AND ANOTHER

KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS

HKSAR v. KONG WAI LUN