Documentary Evidence in Hong Kong, 2nd Edition (e-Book)

Remarks: PRINT version is also available. Please click here to purchase the PRINT version.

Documentary Evidence in Hong Kong is truly the first book of its kind where no other work in Hong Kong covers the principles of access to documents, discovery and privilege in detail.

Charles Hollander’s book Documentary Evidence, adopted from the UK version, which is now in its 13th edition, is widely used in Hong Kong as well as in England and other common law jurisdictions. The publication focuses on the means for obtaining access to documents in civil litigation and the protection from access, in particular legal professional privilege. The author has argued many of the leading cases in this area of the law in England over the last generation.

New developments covered in this edition include:

• Zhang Shouen v Standard Chartered Bank (Hong Kong): pre-action discovery
• XY LLC v Jesse Chu and Company A v Company D: Chabra jurisdiction in Mareva injunctions
• Global Gaming Philippines v Deutsche Bank AG: non-party discovery
• SCC Venture VI Holdco v Zhao Changpeng: documents “referred to”

New material on document access to shareholders, directors and trust beneficiaries:

• Taching Petroleum v Meyer Aluminium: confidentiality clubs
• Superworth v Comm of Independent Commission against Corruption: proper law of privilege
• Glencore International AG v Commr of Taxation (High Court of Australia: privilege does not give rise to cause of action)
• Competition Commission v Nutanix: Privilege against self-incrimination in Competition Ordinance
• Compania de Navegacion Palomar SA v Ernest Ferdinand de la Sola (Singapore high court: coaching witnesses)

Important English privilege cases:

• WH Holding Ltd v E20 Stadium Ltd (litigation privilege)
• R (Jet2 Com Ltd) v Civil Aviation Authority (dominant purpose/legal advice privilege)
• Sotheby’s v Mark Weiss Ltd (single wider purpose)
• Director of the Serious Fraud Office v ENRC (litigation privilege in investigations)
• Ferster v Ferster (without prejudice and blackmail)
• Simpkin v Berkeley Group: Reasonable expectation of privacy
• ENRC v Dechert (implied waiver of privilege)