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

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

Launch of Asia Pacific Guide to Privilege 2019

Please click here to access a preview of the Guide. We are pleased to launch the 2019 edition of our Asia Pacific Guide to Privilege. Businesses are increasingly faced with multi-jurisdictional disputes where evidence rarely falls within the borders of a single country and complex legal privilege issues often surface when dealing with communications across multiple … Read more

Arrangement on mutual taking of evidence between Hong Kong and Mainland

The Arrangement on Mutual Taking of Evidence in Civil and Commercial Matters between the Courts of the Mainland and Hong Kong (Arrangement) recently came into force on 1 March 2017, announced by the Department of Justice.  The Arrangement is introduced to offer greater certainty and enhanced efficiency for obtaining of evidence between the Mainland and … Read more

Hong Kong Court considers the scope of expert evidence

In the first instance decision of Fo Shan Shi Shun De Qu Consonancy Investment Co Ltd v Yat Kit Jong [2017] HKEC 557, the Court took a dim view of a party's conduct in respect of expert directions. It held that the party's failure to properly define the scope of the issues to be covered … Read more