Legal Professional Privilege

Legal professional privilege (LPP) is a subject lawyers and business people alike come across yet it is seldom fully understood. This course will explore the concept of this legal principal in detail as well as review some important recent decisions on the subject. The course aims to provide an insight into the practical applications of the principles of LPP, with illustrations on how privilege may be claimed/sustained in discovery and during criminal investigations.

Detailed Information

  • What is legal professional privilege (LPP)
    • Basis in common law and broad definition
    • Definition in Basic Law Articles 35 & 87
    • Definition in various legislation e.g. OSCO (s 2(18))(s 2(1))
  • Context in which LPP is usually claimed
  • Scope of LPP and case illustrations:
    • What is a communication / document?
    • Legal advice privilege:
      • Is all communication between lawyer and client is privileged?
      • Case: Pang Yiu Hung vs. Commissioner of Police
    • Litigation privilege:
      • Parties to such communications – extended to third party in connection with existing or anticipated legal proceedings
      • Criteria / “dominant purpose” of such communication
      • Recent cases
    • Contrast with other special communications e.g.
      • Confidential communications
      • “Without prejudice” communications
      • Communications which may incriminate a party
  • Situation where LPP may be lost or abrogated?
    • Waiver
    • Partial waiver
    • Case: Citi Pacific Limited vs. Secretary of Justice and Commissioner of Police
  • Practical application of LPP and issues:
    • In discovery in civil proceedings
      • What can be excluded?
      • How to describe such documents properly?
    • Application in money laundering context and suspicious transaction reporting
      • Difficulties for professionals
      • Guidelines and risk management
    • Taking of evidence by investigative bodies e.g. ICAC, SFC
      • Use of privileged communications by these bodies (e.g. in criminal proceedings)

Registration Conditions

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