Hong Kong Case Law: Decisions & Judgments

Topic

Privilege and waiver

Legal area

Court

11 Nov 2024

BANK OF HULUDAO CO LTD v. ZHONGYING INT’L HOLDING GROUP LTD

Citation

[2024] HKCFI 3173
Court

Court of First Instance
Case number

HCA1656/2022

A stay of execution of paragraph 5 of the 27 August 2024 order was granted because there is a strong arguable appeal that the Bank's 'without prejudice' letter was privileged and inadmissible on costs (it lacked 'save as to costs'), and that letter materially influenced the costs order; accordingly paragraph 5 should be stayed until determination of the appeals.
14 Jan 2016

張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER

Citation

張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER
Court

Court of First Instance
Case number

HCA623/2015

D1 failed to demonstrate the necessary legal interest or necessity under either limb of Order 15 r 6(2)(b): his alleged personal testimony was confined to denials without further evidence, the Striking Out Summonses concern solicitors' authority (CWL v KLG) not rights of D1, and any factual allegations could be addressed by calling D1 as a witness; inherent jurisdiction was not engaged; accordingly leave to intervene was refused and costs awarded against D1.
22 Dec 2006

ANBEST ELECTRONIC LTD v. CGU INTERNATIONAL INSURANCE PLC

Citation

ANBEST ELECTRONIC LTD v. CGU INTERNATIONAL INSURANCE PLC
Court

Court of First Instance
Case number

HCCL82/2000

Both interlocutory applications were dismissed: defendant failed to show by credible evidence that there was reason to believe the plaintiff would be unable to pay defendant's costs (security for costs dismissed); the discovery requests were in large part irrelevant, amounted to a fishing expedition or involved privileged material not shown to be waived, and therefore specific discovery was refused. The timing of the security application was also a discretionary factor against the defendant. Costs awarded to the plaintiff.
1 Oct 1980

YUEN MAN CHIU ALIAS HENRY M. YUEN v. THE QUEEN

Citation

YUEN MAN CHIU ALIAS HENRY M. YUEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC399/1980

The Court held that the Crown had not proved beyond reasonable doubt that the appellant organised or procured the three men and therefore quashed the conviction on charge 1 and, because the same core witness evidence permeated the incitement charges, convictions on charges 2,3,4 and 6 could not safely stand; however, the Court found overwhelming evidence that the appellant made a material false statement to police with knowledge proceedings were contemplated and with intent to mislead, so conviction on charge 5 was upheld; the appropriate sentence on the upheld charge was nine months' impriso…

Hong Kong Case Law

BANK OF HULUDAO CO LTD v. ZHONGYING INT’L HOLDING GROUP LTD

張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER

ANBEST ELECTRONIC LTD v. CGU INTERNATIONAL INSURANCE PLC

YUEN MAN CHIU ALIAS HENRY M. YUEN v. THE QUEEN