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Hong Kong
legal professional privilegelitigation privilegewaiver
CITIC Pacific Ltd v Secretary for Justice
CITIC Pacific Ltd v Secretary for Justice [2012] HKEC 432 (CACV 60/2011, Court of Appeal); cf. CITIC Pacific Ltd v Secretary for Justice (No 2) [2015] 4 HKLRD 20
Key Principle
Legal professional privilege (litigation privilege) is not lost merely because privileged material reaches a third party by inadvertence; privilege is the same in civil and criminal proceedings and is waived only by the holder's intentional act, while a partial/limited waiver of privilege is conceptually valid in Hong Kong law (the existing 'Mareva / proprietary freezing order' description is incorrect: this is a legal professional privilege case).
Area of Law
injunction
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