Hong Kong court allows witness testimony by video conferencing amid COVID-19

The Hong Kong High Court (the “Court”) allowed an urgent application by the defendant for him and his wife to give evidence in trial by videoconference (“VCF”) (the “Application”) in the recent case of Au Yeung Pui Chun v Cheng Wing Sang [2020] HKCFI 2101 (handed down on 10 August 2020). The Application was brought … Read more

Litigation in Mainland China under New Evidence Rules: Your 50 questions

The Supreme Court of People’s Republic of China (SPC) formally promulgated the amended version of Several Provisions of the SPC on Evidence for Civil Litigation (New Evidence Rules) on 25 December 2019, which comes into effect today, 1 May 2020. The New Evidence Rules together with Chapter VI of the Civil Procedure Law of the … Read more

One step closer – English Court of Appeal aligns itself with other common law jurisdictions to find legal advice privilege subject to a “dominant purpose” test

Clients and legal practitioners often come across a fairly common question during the course of discovery/disclosure in litigation or arbitration: is the document privileged? Legal professional privilege is a fundamental and constitutionally guaranteed right in Hong Kong and, generally speaking, can be split into two branches: litigation privilege and legal advice privilege.  Legal advice privilege … Read more

PAPERLESS HONG KONG – BILL FACILITATING ELECTRONIC COURT FILING GAZETTED

  As part of the Legislative Council’s Information Technology Strategy Plan, The Court Proceedings (Electronic Technology) Bill (Bill), which was gazetted on 27 December 2019 and passed through the First Reading stage on 8 January 2020, takes the Hong Kong courts a step closer to being paperless. The Bill facilitates the filing and sending of … Read more