Hong Kong case in the Court of Final Appeal regarding legal professional privilege

Edward Fitzgerald QC, instructed  by Stephenson  Harwood LLP,  successfully represented Samuel Tak Lee in the Court of Final Appeal in Hong Kong in a case involving legal professional privilege.


The dispute arose from an application by the Secretary for Justice to access documents disclosed in matrimonial proceedings between Sam Tak Lee’s son and former daughter in law. During the matrimonial   proceedings various documents, which attracted claim to legal professional privilege, were disclosed to the wife and the court. The Secretary of Justice claimed that the documents were no longer privileged and he could have access to them. The Court of First Instance agreed with the Secretary of Justice.  Sam Tak Lee appealed to the Court of Appeal and the court found that the documents were privileged as between Sam Tak Lee and the Secretary of Justice but the wife could provide a side door access of them to the Secretary of State.   Sam Tak Lee’s appeal to the Court of Final Appeal was heard on Monday 13th October when the appeal was upheld. The reasons for the decision are to follow.                           

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