The recent judgment by the Court of First Instance dismissing Citic Pacific's application for the return of privileged documents seized by the police under a search warrant serves as a timely reminder to corporations of the multifarious pitfalls that await them when enforcement agencies come knocking on the door. The seminar will discuss the following issues:
- What materials can the enforcement agencies seize?
- To what extent can corporations claim privilege over documents?
- What is the current status of "limited waiver of privilege" in Hong Kong?
- Can corporations challenge the scope of the search warrant/statutory notice?
- Some practical steps in dealing with the seizure of materials and subsequent police inspection of those materials, including the agreement of a protocol for the extraction of electronic data from the computer materials seized.
- Is the corporation upon which a search warrant is served under investigation itself or assisting with a police instigation? What is the difference and what are the corporation's obligations under both scenarios?
- How to handle employees who may be under or have been asked to assist with the investigation?
The Litigation, Arbitration and Employment (LAE) Group of Hogan Lovells in Hong Kong is hosting a seminar to highlight and discuss the issues in this area.