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Legal advice privilege: Hong Kong and England move further apart (December 2016)

Client Briefings

Introduction

Hong Kong has enjoyed a wider definition of "client" in the context of legal advice privilege following last year's Court of Appeal judgment in Citic Pacific. The judge in a recent English case, however, has put a narrow interpretation on who can be considered to be a lawyer's client for the purposes of legal advice privilege. If followed in Hong Kong, this would place serious constraints on the extent to which fact gathering for the purposes of providing legal advice can be carried out under the cloak of privilege.

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