Update: Court of Appeal adopts pragmatic approach to legal advice privilege in Hong Kong

Update: Court of Appeal adopts pragmatic approach to legal advice privilege in Hong Kong

Tim Browning Tim Browning

Tim Browning

Partner at Eversheds Sutherland

发布日期: 2015年8月7日
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The Hong Kong Court of Appeal has released a judgment which has changed the law on legal advice privilege in Hong Kong in a way that will come as a welcome relief to in-house counsel in large organisations:

  • Previously, the definition of “client” was narrow and might not have included, for example, junior employees within an organisation. This caused significant concern for in-house legal teams, who could not be certain that communications with all levels of the business would be privileged.
  • The Court of Appeal has now resolved this difficulty. The “client” is now treated as the corporation and includes all its members.  An internal communication will be privileged if it is sent for the dominant purpose of obtaining or giving legal advice.

Read our commentary here: https://react.eversheds.com/rs/emsdocuments/Asia/A%20pragmatic%20approach%20to%20legal%20advice%20privilege%20in%20Hong%20Kong.pdf

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