In Citic Pacific Limited v Secretary for Justice (unrep, CACV 60/2011), the Court of Appeal considered the legal principles relating to the nature and extent of legal professional privilege, and held that the concept of partial waiver of privilege is recognised under Hong Kong law. In the regulatory context, this important decision is a reminder that when handing over documents to regulators in regulatory investigations, it must be clearly stated in writing that any waiver of privilege is limited to the purposes of the investigation alone. This step should prevent any inadvertent waiver of privilege where documents in question are sought by third parties for some other purpose such as a criminal investigation.
For a more detailed analysis and commentary on the case, please click here.
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