12 Dec 2025
COMPETITION COMMISSION v. ATAL BUILDING SERVICES ENGINEERING LTD AND OTHERS
- Citation
- [2025] HKCA 1120
- Court
- Court of Appeal
- Case number
- CACV1093/2025
The Court held that correspondence and communications relating to cooperation agreements between the Commission and settling parties who are accomplices assisting prosecutions are not, as a general category, protected from disclosure by without prejudice privilege where disclosure is necessary for the fair trial of non‑settling respondents (application of the ‘warts and all’ principle and Rule 24 balancing). The Court also held that the President did not err in principle in adjourning the Kam Kwong penalty determination until after trial or until all respondents had agreed to a Kam Kwong sett…