Hung Lung Chuen v. Leung Wing Man (Bonnie) and Another

HCAL 30/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 30 OF 2016

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R U L I N G

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1.The petitioner seeks discovery against the MTR Corporation. The 1^st respondent has no objection. The MTR Corporation largely has no objection except as to the wording of item 2.

2.What the MTR Corporation is willing to produce is all correspondence between it and the owners’ committee of Blocks A to D of Kornhill, but not correspondence between it and its representatives of owners’ committee.  Ms Leung considers that it may not be relevant. 

3.My attention has been drawn to paragraphs 32 to 39 of the petition.  Having regard to the contents there, there did appear to have been communication between the MTR Corporation and individual members of the owners’ committee which the MTR Corporation should disclose.

4.The scope of discovery has been well defined by the remaining words of item 2, ie, it covers only the period between 3 April and 22 November 2015 in relation to the petitioner’s proposal to install a ramp at the entrance of the car park near Block A of Kornhill.  I consider that scope to be well defined and the relevance to be established.  There is no dispute as to existence and possession.

5.Item 1 in the schedule is a distinct item which MTR Corporation does not oppose to produce but says that it is included in item 2.  In my view, having regard to the importance of this directly relevant document, item 1 should remain as it is a distinct item to be produced.

6.I consider that an early production of documents in items 1 and 2 will be conducive to the fair disposal of the issues in the present case and will reduce costs.  I, therefore, direct MTR to produce those two categories of documents.  Item 1, as presently worded in the schedule.  Item 2, as amended so that MTR shall produce all correspondence between it and the owners’ committee of Blocks A to D of Kornhill or its representatives as well.

Ms Candy Chan, instructed by Sun Lawyers, for the petitioner

Mr Anson Y Y Wong, instructed by Tang, Wong & Chow, for the 1^st respondent

Attendance of the Department of Justice, for the 2^nd respondent, was excused

Ms Angela Leung, of Deacons, for the MTR Corporation Limited