Tuesday 16 February 2010
Tony Chan challenges seizure of documents from former law firm
Tony Chan Chun-chuen has launched a court challenge to the seizure by police of documents that he claims are covered by legal professional privilege. This follows a police search of the premises of Chan’s former law firm Haldanes, as part of their investigation into suspected forgery by the fung shui master after he lost the court battle for Nina Wang Kung Yu-sum’s fortune.
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Tony Chan challenges seizure of documents from former law firm
Yvonne Tsui, Loretta Fong and Joyce Man
12 February 2010
Tony Chan Chun-chuen has launched a court challenge to the seizure by police of documents that he claims are covered by legal professional privilege. This follows a police search of the premises of Chan’s former law firm Haldanes, as part of their investigation into suspected forgery by the fung shui master after he lost the court battle for Nina Wang Kung Yu-sum’s fortune.
Chan made an application in the High Court on Wednesday seeking protection, on the basis of legal professional privilege, of documents and other materials seized by police in searches this month.
In his application, Chan asked the court to examine the search warrants and determine whether the seized materials should be protected as lawyer-client communication, but there was no information about the nature of the documents.
Chan’s application, known as an originating summons, was brought against the secretary for justice and the commissioner of police.
Yesterday, a Justice Department spokesman said: “The department understands the originating summons was taken out by Tony Chan to protect legal professional privilege over the documents seized by police from the firm of his former solicitors.” At the probate hearing, Chan was represented by a team of Haldanes solicitors. On Monday, the court was notified that lawyers from Richard Butler, one of the city’s largest international law firms specialising in corporate litigation, would now represent Chan.
Chan was arrested by police for suspected forgery on February 3, a day after the Court of First Instance struck down his claim to Wang’s entire estate on the basis that the will he presented was forged.
Yesterday, police said in a statement they would not comment on individual cases, but have acted in accordance with the law.
Haldanes declined to comment on the case.
Lawyers differed in their views on the impact the challenge would have on the police investigation.
Barrister Alan Leong Ka-kit SC said he believed Chan’s action would cause some delay.
Ronny Tong Ka-wah SC said the proceedings should not affect the investigation as it only concerned some of the seized documents. But, for the time being, police could not read any of the documents for which privilege had been claimed.
Solicitor Huen Wong, the president of the law society, said the action concerned legal points, not facts, and that the case could be heard within two to three weeks.
The police investigation followed a February 2 ruling by Mr. Justice Johnson Lam Man-hon that the will Chan claimed was given to him by Wang was forged.
The next day, commercial crime bureau officers raided Chan’s home in Gough Hill Road on The Peak.
The 50-year-old Chan was arrested that night on suspicion of forging a document. He was taken to The Peak police station and later transferred to Wan Chai headquarters for questioning. Documents and a computer were seized from his home.
His wife, Tam Miu-ching, was also taken in for questioning but left the headquarters at 9.15pm. Chan was taken to his company, RCG Holdings, in Cyberport, that night.
Police searched the homes of RCG’s chairman, Raymond Chu Wai-man, and deputy chairman Anita Chau Pak-kun that night.
Chan was later released on HK$5 million police bail, without a travel ban. He was required to report to the police in the middle of next month.
On the same day, RCG issued a statement to reassure investors and shareholders.
The latest twist came yesterday when RCG announced a reshuffling of the board of directors. Chau stepped down from her post as deputy chairman and was redesignated as a non-executive director. Chu relinquished his role as chief executive but remained executive chairman, the company said.
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