Read the full judgment text of FAMV 255/2021 on BabelCite. This Court of Final Appeal judgment was delivered on 17 August 2021 before Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Stock NPJ.
Civil procedure – privilege against self-incrimination – Theft Ordinance s.33 – leave to appeal – Court of Final Appeal – requisite importance – applicant Tang Kwok Pang – plaintiff Kot See For – Question 1: proper approach to claim for privilege against disclosure where potential exposure includes conspiracy to commit a Theft Ordinance offence and any other offence – Question 2(a): basis for precluding privilege in absence of statutory abrogation – Question 2(b): protective measures for disclosure made despite privilege – leave granted on three questions – leave refused on 'or otherwise' basis – appeal listed for 30 November 2021 – stay of execution of injunction order pending appeal, subject to condition that affirmation remain with Registry
Legal issues: Privilege against self-incrimination under Theft Ordinance s.33 · Basis for precluding privilege against self-incrimination in civil proceedings · Measures of protection for disclosure made despite privilege
Outcome: Leave to appeal granted on Questions 1, 2(a) and 2(b); leave refused on the 'or otherwise' basis. Appeal to be heard on 30 November 2021.
Cited by 2 cases