28 Mar 2012
CITIC PACIFIC LTD v. SECRETARY FOR JUSTICE AND ANOTHER
- Citation
- CITIC PACIFIC LTD v. SECRETARY FOR JUSTICE AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV60/2011
The Court of Appeal held that Hong Kong law recognises a limited/partial waiver of legal professional privilege determined by the circumstances of disclosure; on the facts the probabilities show Citic waived privilege only for the purpose of the SFC investigation and not generally; delivery of documents by the SFC to the Department of Justice was permissible to obtain legal advice integral to the investigation; the fraud exception did not apply because there was not a clear or strong prima facie case that the documents were created to facilitate a conspiracy to defraud, so privilege remained…