Tag Archives: Privilege

Herbert Smith Freehills Singapore hosts round table discussion on “preserving privilege: practical issues in the context of disputes and investigations”

On Wednesday 13 January 2016, a cross section of our clients based in Singapore joined our Disputes and Corporate Crime & Investigations teams and Bankim Thanki QC, a leading commercial advocate and litigator who has practised extensively in the region … Continue reading

Leave a Comment

Filed under Hong Kong, Investigation and compliance, South East Asia

Legal advice privilege only covers advice from lawyers, says the Hong Kong Court of Appeal

In the recent case of Super Worth International Ltd & Ors v Commissioner of the ICAC & another (CACV 168/2015), the Hong Kong Court of Appeal (the "Court") adopted the UK Supreme Court's reasoning in R (on the application of … Continue reading

Leave a Comment

Filed under Evidence, Hong Kong

Legal advice privilege – taking a closer look at the Hong Kong Court of Appeal judgment in adopting a wider test

The judgment recently delivered by the Hong Kong Court of Appeal (CA) in Citic Pacific Limited v Secretary for Justice and Commissioner of Police (unrep, 29/06/2015, CACV 7/2012) sets a new precedent in Hong Kong for legal advice privilege. In … Continue reading

Leave a Comment

Filed under Evidence, Hong Kong

Hong Kong Court of Appeal rejects the narrow interpretation of “client” and adopts a broader test for legal advice privilege

The Court of Appeal has handed down its much-awaited judgment in Citic Pacific Limited v Secretary for Justice and Commissioner of Police (unrep, 29/06/2015, CACV 7/2012), a copy of which was made available today and can be accessed here. In … Continue reading

Leave a Comment

Filed under Hong Kong

Hong Kong Court of Final Appeal upholds legal professional privilege as an absolute right

The Court of Final Appeal  has, again, reminded us in the recent high profile case of Secretary for Justice v Florence Tsang & others that legal professional privilege is an absolute right that is constitutionally enshrined. As noted in Akai Holdings Ltd … Continue reading

Leave a Comment

Filed under Hong Kong

Herbert Smith Freehills launches third edition of legal guide to “Privilege in Asia Pacific”

Herbert Smith Freehills has officially launched the third edition of our legal guide to “Privilege in Asia Pacific” at the China Club in Hong Kong on 18 June 2014.

Leave a Comment

Filed under China, Hong Kong, Japan, Korea, South East Asia

Hong Kong High Court adopts English approach for implied waiver of privilege

In the recent decision of Chinachem Financial Services Limited v Century Venture Holdings Limited HCA 410/2013 & HCMP 2299/2013 (“Chinachem Financial Services“), the Hong Kong court considered the approach to the issue of implied waiver of legal professional privilege in … Continue reading

Leave a Comment

Filed under Hong Kong

The Year of the Dragon – a litigator’s review of key cases and developments

As the Year of the Dragon draws to a close we summarise in this e-bulletin some key cases and developments which are likely to be of interest to clients. We also provide (in so far as possible) an indication of … Continue reading

Leave a Comment

Filed under ADR, Contract, Disclosure, Employment, Funding, Hong Kong, Interim applications, Private wealth and trusts, Reviews, Uncategorized

UK Supreme Court decides that legal advice privilege does not extend to legal tax advice given by accountants

On 23 January 2013 the UK Supreme Court handed down its much anticipated judgment in R (on the application of Prudential plc and another) v Special Commissioner of Income Tax and another [2013] UKSC 1. The Supreme Court decided with … Continue reading

Leave a Comment

Filed under Hong Kong

Hong Kong Court of Final Appeal rules on privilege against self-incrimination in anti- corruption investigations

In the decision in A v The Commissioner of the Independant Commission Against Corruption [2012] HKCFA 79 handed down on 13 November 2012 the Court of Final Appeal in Hong Kong (CFA) held that a non-suspect party which was required to provide … Continue reading

Leave a Comment

Filed under Disclosure, Hong Kong, Investigation and compliance