Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Preservation and sealing of evidence

Legal area

Court

3 Aug 2007

HARMONY GOLD LTD AND OTHERS v. SECRETARY FOR JUSTICE AND OTHERS

Citation

HARMONY GOLD LTD AND OTHERS v. SECRETARY FOR JUSTICE AND OTHERS
Court

Court of First Instance
Case number

HCAL19/2007

Leave to re-amend was granted despite delay because the proposed amendments raised the same core arguable grounds of misrepresentation and material nondisclosure already central to the challenge, involved fundamental rights (protection against arbitrary search) and the court was satisfied there was no substantial prejudice or detriment to administration; consequently interim relief and sealing orders were justified to preserve evidence and privilege.
3 Aug 2007

HSU MAY CHUN, KATHERINE AND ANOTHER v. SECRETARY FOR JUSTICE AND OTHERS

Citation

HSU MAY CHUN, KATHERINE AND ANOTHER v. SECRETARY FOR JUSTICE AND OTHERS
Court

Court of First Instance
Case number

HCAL18/2007

Although there was delay in seeking to challenge the Secretary for Justice's decision, the proposed amendments raised the same central arguable grounds of misrepresentation and material nondisclosure already central to the judicial review; given the fundamental right against arbitrary search and the applicants' prompt action after appreciating the full scope of the letter of request, the court exercised its discretion to allow re-amendment and granted interim relief and preservation orders to prevent prejudice and protect privilege.