Form Pass Ltd v. Chong Pak Chiu

HCA000574B/2002

HCA574/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.574 OF 2002

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Coram: Hon Waung J in Chambers

Date of Hearing: 6 November 2003

Date of Judgment: 6 November 2003

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J U D G M E N T

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1.I have before me at this hearing an application to determine what steps should be taken in relation to the 25 original invoices that had been produced in my court as Exhibit D-1 during the hearing of the trial of the action. The police have requested the court to release these 25 original documents into the police custody so that they can carry out investigation, especially in relation to an allegation of forgery in respect of these documents.

2.Before me today both Mr Yuen, for the Government as well as Mr MacKenzie-Ross, for Mr Chong (the plaintiff in the Counterclaim) submit that there should be an unconditional release to the police so that the police can carry out their statutory duties. Mr Kui, for the defendants in the Counterclaim in particular for Mr Leung, has made submissions to the court that the release to the police should be on terms and he suggested certain restrictions on the use the police can make of thes documents. I can see no basis whatsoever for the court to impose these conditions. Nor do I believe that the court has jurisdiction to impose these conditions. The police are carrying out their statutory duties and they require the documents in order to carry out their statutory duties.

3.If the documents had been returned by the court in the normal way after a trial to the party who produced them, that is to the defendant Mr Leung, I can see no basis for Mr Leung to resist the police seeking custody of these documents nor would he be in a position to impose terms on the police. I think it is a ridiculous suggestion to contend that the court should exercise its powers or discretion by imposing terms on the way the investigation should be carried out.

4.I therefore reject such submission and I order that the 25 original invoices in the form of Exhibit D-1 should be given unconditionally to the police.

5.For the purpose of identification, I direct that my clerk Ms Shirley Lau should sign her name on the reverse corner of each document, so that in case there is further proceedings taken she will be able to identify these documents as being throughout under custody and control.

Representation:

Mr K.C. Kui, instructed by Messrs T.H. Wong & Co.,for the Plaintiff (by Original Action) & the Defendant (by Counterclaim)

Mr David MacKenzie-Ross, instructed by Messrs Andy Choi & Co.,for the Defendant (By Original Action) & the Plaintiff(By Counterclaim)

Mr Kenneth K.L. Yuen, GC of Department of Justice,for the Applicant (HK Police)