25 Oct 2007
THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. KIN YUEN
- Citation
- THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. KIN YUEN
- Court
- Court of Appeal
- Case number
- CACV253/2007
The Court of Appeal held that the order prohibiting the examinee from discussing documents provided in advance with legal advisers was a proportionate and legitimate restriction within the s221 examination procedure to prevent coaching, contamination and to protect confidentiality; the restriction did not infringe Article 35 because the right to legal advice is not absolute and the examinee retains the ability to seek the court's leave or the liquidators' consent for consultation.