Read the full judgment text of FAMV12/2014 on BabelCite. This Court of Final Appeal judgment was delivered on 23 April 2014 before Ribeiro PJ, Tang PJ, Fok PJ.
Civil procedure – disclosure – privilege against self-incrimination – legal professional privilege – leave to appeal – Court of Final Appeal – Secretary for Justice v FTCW – The Court of Final Appeal refused leave to appeal on the ground that an appeal against the Court of Appeal's rejection of claims to refuse disclosure pursuant to a privilege against self-incrimination was not reasonably arguable – The court granted leave to appeal on the question whether documents for which legal professional privilege is claimed may be disclosed to the Secretary for Justice without first determining whether they are protected by legal professional privilege – The court directed stays of certain orders pending the appeal, including the stay of paragraph 121 directions of the Court of Appeal's Disclosure Judgment, the stay of Ng J's order releasing the wife from her implied undertaking, and the stay of the Court of Appeal's order permitting the wife to use un-redacted judgments for enforcement proceedings – Costs of the self-incrimination privilege applications were ordered to be paid by the husband and STL to the wife and the Secretary for Justice, with other costs in the appeal – The appeal was 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.