Read the full judgment text of FAMV12/2014 on BabelCite. This Court of Final Appeal judgment was delivered on 23 April 2014 before Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Mr Justice Fok PJ.
Civil procedure – disclosure – privilege against self-incrimination – legal professional privilege – leave to appeal – Court of Final Appeal – The Secretary for Justice sought access to documents in civil proceedings; the wife was released from her implied undertaking by order of Ng J; the husband and STL claimed privilege against self-incrimination and legal professional privilege over certain documents – The Court of Appeal rejected the privilege against self-incrimination claims and directed filing of affidavits identifying privileged documents – The Appeal Committee refused leave to appeal on the privilege against self-incrimination ground, finding it not reasonably arguable – Leave to appeal was granted on the question whether documents claimed to be protected by legal professional privilege may be disclosed to the Secretary for Justice without first determining the privilege claim – Stays were ordered on certain directions and orders pending the appeal – Costs of the privilege against self-incrimination applications were ordered to be paid by the husband and STL to the wife and the Secretary for Justice; other costs to be in the appeal – Appeal fixed for hearing on 13 October 2014
Legal issues: Privilege against self-incrimination · Legal professional privilege and disclosure to Secretary for Justice
Outcome: Leave to appeal refused on the privilege against self-incrimination ground; leave to appeal granted on the legal professional privilege question.