Tang Kwok Pang v. Kot See for
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
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FAMV No. 255 of 2021 [2021] HKCFA 31 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 255 OF 2021 (CIVIL) (ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 536 OF 2019) ____________________
____________________ Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Stock NPJ Date of Hearing and Determination: 17 August 2021 ____________________ DETERMINATION ____________________ Mr Justice Ribeiro PJ: 1.We are satisfied that the questions involved in the appeal are of the requisite importance and ought to be submitted to the Court for decision, namely:
2.We refuse leave on the “or otherwise” basis. 3.The appeal will be listed for hearing on 30 November 2021. 4.We also direct that there be a stay of execution of paragraphs 2 to 5 of the Injunction Order made by DHCJ M K Liu dated 3 May 2019 pending the Court’s determination of the Applicant’s appeal on the condition that the Affirmation filed by the Applicant on 23 July 2021 pursuant to the directions of the Honourable Mr Justice Ribeiro PJ made on 16 July 2021 do remain with the Registry of this Court pending the determination of the Applicant’s appeal.
Mr Ambrose Ho SC and Mr Jeff Chan, instructed by Li & Lai, for the 2nd Defendant (Applicant) Mr Rimsky Yuen SC and Ms Esther Mak, instructed by Mayer Brown, for the Plaintiff (Respondent) |
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