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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
JurisdictionHong Kong
CourtHong Kong Court of Appeal
Year2012
StatusBinding authority

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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