International Associated Attorneys Ltd v. Eurostock Energy Ltd

Case No.HCA 180/2012[2012] 6 HKC 570
Court
Court of First Instance
Date05 Oct 2012
JudgeAu-Yeung J
Case Document
100%

HCA 180/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 180 OF 2012

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BETWEEN

  INTERNATIONAL ASSOCIATED ATTORNEYS LIMITED Plaintiff
and
  EUROSTOCK ENERGY LIMITED Defendant
  and  
  STANDARD CHARTERED BANK (HONG KONG) LIMTIED Garnishee
and
  SECRETARY FOR JUSTICE Intervener

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Before: Hon Au-Yeung J in Chambers (Not Open to the Public)

Date of Hearing: 18 September 2012

Date of Decision: 5 October 2012

Date of Corrigendum: 11 October 2012

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C O R R I G E N D A

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1.The first line of paragraph 21 at page 8 should be “The written law which Order 49 is subject to…” instead of “The unwritten law which Order 49 is subject to...”.

2.Section 11(6) of Schedule 2 to the Mutual Legal Assistance in Criminal Matters Ordinance, Cap 525 quoted in paragraph 34 at page 13 should read as follow:

“(6) In exercising those powers [under sections 7 to 10], no account shall be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the external confiscation order.”[1] (emphasis added)

3.The third line of paragraph 64 at page 25 refers.  The word “rfelease” should be “release”.

(Hung Fong-ping)
Clerk to Hon Au-Yeung J

[1] The comparable UK provision can be found in section 82(6) of the Criminal Justice Act 1988.

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