Yan Melvin Kei Wai v. Lan Yunqing and Others

HCA 2529/2024

[2025] HKCFI 3744

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2529 OF 2024

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BETWEEN

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J U D G M E N T

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1.On 24 July 2025, this Court gave judgment to the Plaintiff in respect of all but the 4^th Defendant under section 21(1)  of the Evidence Ordinance and Norwich Pharmacal principles for the relevant banks to disclose documents to the Plaintiff (“the Judgment”).

2.The application in respect of D4 was adjourned for paper disposal because there was no evidence as to why disclosure was sought from 17 September 2024 (Judgment, §14).

3.By the 3^rd affirmation filed on 1 August 2025, the Plaintiff explained that based on the transaction records in his first affirmation, the exact time of his transfers of funds to D4’s bank account was not clear because the “Transfer Date” was specified as “Now”.  The Plaintiff has since obtained a bank statement showing the transactions to D4 as occurring on 17 September 2025.  I accept the evidence.

4.For the same reasons given in the Judgment, it is appropriate to grant an order for discovery under section 21(1)  of the Evidence Ordinance and Norwich Pharmacal principles in respect of D4’s Bank Account with Hang Seng Bank.  Costs as between the Plaintiff and D4 shall be in the cause. 

Ms Chris Pan, of Yan Lawyers, for the Plaintiff