Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 44A

Withdrawal of privilege against incrimination of self or spouse in certain proceedings

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) In any proceedings to which this subsection applies a person shall not be
excused, by reason that to do so may tend to expose that person, or the wife
or husband of that person, to proceedings for a related offence or for the
recovery of a related penalty-

   (a)  from answering any question put to that person in the first mentioned
        proceedings; or

   (b)  from complying with any order made in those proceedings.

(2) Subsection (1) applies to the following civil proceedings in the
Court of First Instance, namely- (Amended 25 of 1998 s. 2)

   (a)  proceedings for infringement of rights pertaining to any
        intellectual property or for passing off;

   (b)  proceedings brought to obtain disclosure of information relating to
        any infringement of such rights or to any passing off; and

   (c)  proceedings brought to prevent any apprehended infringement of such
        rights or any apprehended passing off.

(3) Subject to subsection (4), no statement or admission made by a person on
or after the commencement of the Supreme Court (Amendment) (No. 3) Ordinance
1982 (52 of 1982)-

   (a)  in answering a question put to him in any proceedings to which
        subsection (1) applies; or

   (b)  in complying with any order made in any such proceedings, shall, in
        proceedings for any related offence or for the recovery of any
        related penalty, be admissible in evidence against that person or
        (unless they married after the making of the statement or admission)
        against the wife or husband of that person.

(4) Nothing in subsection (3) shall render any statement or admission made by
a person as there mentioned inadmissible in evidence against that person in
proceedings for perjury or contempt of court.

(5) In this section-

"intellectual property" (知識產權) means any patent, trade mark,
copyright, registered design, technical or commercial information or other
intellectual property;

"related offence" (相關罪行), in relation to any proceedings to which
subsection (1) applies, means-

   (a)  in the case of proceedings within subsection (2)(a) or (b)-

        (i)    any offence committed by or in the course of the infringement
               or passing off to which those proceedings relate; or

        (ii)   any offence not within sub-paragraph (i) committed in
               connection with that infringement or passing off, being an
               offence involving fraud or dishonesty;

   (b)  in the case of proceedings within subsection (2)(c), any offence
        revealed by the facts on which the plaintiff relies in those
        proceedings;

"related penalty" (相關罰金), in relation to any proceedings to which
subsection (1) applies, means-

   (a)  in the case of proceedings within subsection (2)(a) or (b), any
        penalty incurred in respect of any thing done or omitted in connection
        with the infringement or passing off to which those proceedings
        relate;

   (b)  in the case of proceedings within subsection (2)(c), any penalty
        incurred in respect of any act or omission revealed by the facts on
        which the plaintiff relies in those proceedings.

(6) Any reference in this section to civil proceedings in the Court 
of First Instance of any description includes a reference to proceedings on
appeal arising out of civil proceedings in the Court of First Instance of that
description. (Amended 25 of 1998 s. 2) (Added 52 of 1982 s. 2) [cf. 1981 c. 54
s. 72 U.K.]

"intellectual property" (知識產權)

"related offence" (相關罪行)

"related penalty" (相關罰金)