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Changes in the interpretation of legal advice privilege under Hong Kong law – What it means to you as an in-house counsel?

  • 10 Aug 2015
  • 12:30 PM - 2:00 PM
  • Herbert Smith Freehills office, 23rd Floor, Gloucester Tower, 15 Queen's Road Central, Hong Kong
  • 0


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Lunch Presentation

The HKCCA’s Executive Committee invites you to the following presentation, hosted by Herbert Smith Freehills.

Food and drinks will be provided. 1 Law Society of Hong Kong CPD point has been applied for.  New York and California Approved Jurisdiction policy may apply.

TOPIC:  Changes in the interpretation of legal advice privilege under Hong Kong law – What it means to you as an in-house counsel?

The Court of Appeal has handed down its much-awaited judgment in Citic Pacific Limited v Secretary for Justice and Commissioner of Police CACV 7/2012. The decision has significantly impacted the definition of 'client' in the context of legal advice privilege.  In addition, as a result of the decision, legal advice privilege is no longer restricted to communications between a lawyer and a client, but will protect internal confidential documents of the client organization which come into existence for the dominant purpose of obtaining legal advice.

What is the impact of the judgment on companies and their in-house counsel? Does this judgment reduce the risk of internal documents prepared for the purpose of obtaining legal advice having to be disclosed to regulators or in subsequent legal proceedings?

During the first part of the seminar, Gareth Thomas and Dominic Geiser will cover the different types of privilege, the key changes on the interpretation of a 'client' in the context of legal advice privilege, the proper test to apply in determining whether materials are privileged, and the impact all these changes have on in-house counsel and organisations when obtaining legal advice or creating potentially privileged materials. During the second part of the seminar, Gareth and Dominic will use a case study to facilitate discussion on the practical application of legal advice privilege and litigation privilege based on various hypothetical email chains sent between different members of an organisation and communications with external third parties.

This will be an interactive session which offers an excellent opportunity for you to discuss and raise questions directly with our experienced legal practitioners in a casual setting.


- Gareth Thomas, Partner, Head of Commercial        Litigation, Herbert Smith Freehills

- Dominic Geiser, Partner, Herbert Smith Freehills

Gareth leads the Hong Kong commercial litigation team, as well as being responsible for the Asian insurance practice.  He has had wide experience in disputes work, including cases concerning commercial contracts, shareholders' disputes, derivative actions, negligence actions, financial products mis-selling, insolvency, fraud, banking cases, cases concerning bonds, structured products and other derivatives, defamation proceedings, product liability, employment and restraint of trade. 

Dominic specialises in general commercial litigation, and has extensive experience of advising banks, financial institutions, private equity firms, corporates and high net worth individuals on a range of contentious matters, often with a cross-border element. Dominic has particular expertise in banking and financial services litigation, shareholder remedies and joint venture disputes. He has also advised on regulatory issues, managed internal investigations and dealt with claims relating to fraud, insurance and professional negligence.

VENUE: Herbert Smith Freehills office, 23rd Floor, Gloucester Tower, 15 Queen's Road Central, Hong Kong

DATE: Monday 10 August 2015

TIME: 12.30 for lunch, 13.00 - 14.00 for presentation

RSVP: Please register your attendance online no later than Thursday 6 August 2015. If you register but are then unable to attend, please email events@hkcca.net and tell us so that other members on any waitlist may attend. If you have any suggestions for topics or speakers for future HKCCA events, please let us know at events@hkcca.net.

Please note this event is exclusively for HKCCA members. If you are not an HKCCA member but you want to attend this presentation, you need to successfully apply for membership at www.hkcca.net and pay the membership fee before registering for the event. If you have any membership queries, please contact HKCCA Secretariat on events@hkcca.net or (852) 2516 7007.           

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