18 Apr 2008
CHAN MEI YIU, PADDY AND OTHERS v. SECRETARY FOR JUSTICE
- Citation
- CHAN MEI YIU, PADDY AND OTHERS v. SECRETARY FOR JUSTICE
- Court
- Court of First Instance
- Case number
- HCMP1175/2007
The court exercised its discretion to order issuance of the letter of request because the evidence did not establish that Italian authorities would inevitably refuse execution on grounds of incompetence or non‑compellability, comity concerns did not preclude the request in these circumstances, the Secretary for Justice’s procedural choices did not bar the plaintiffs from obtaining evidence, and the proposed procedure did not amount to an abuse of process; questions of Italian law and competence are appropriately for the Italian authorities to determine during execution.