DCMP 3020/2024

[2024] HKDC 1461

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 3020 OF 2024

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DECISION

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Introduction and Background Facts

1. I have before me an application by the Plaintiff (“P”) by Originating Summons dated 5 June 2024 (“the OS”) against Hang Seng Bank Limited and HongKong and Shanghai Banking Corporation Limited (collectively, “the Banks”) for disclosure of the documents set out in the OS under the court’s inherent jurisdiction to grant Norwich Pharmacal relief.

2. P claims to be a victim of a fraudulent investment scam. In mid-2019, unknown person(s) (“Fraudsters”) claiming to be staff members of Top Sky Universal Group Limited (“Top Sky”) telephoned P and persuaded her to make investment in precious metal investment products which could yield high returns easily.

3. As a result, between 28 June 2019 to 7 November 2019, P was deceived into making a series of payments by cash and bank transfers totaling HK$2,850,000 into two bank accounts of Top Sky and TSU Limited respectively maintained with the Banks.

4. Only on 11 November 2019, when P had not received any investment returns as promised by the Fraudsters and upon checking with Top Sky’s staff that the Fraudsters did not work there, did P realize that she was defrauded.

5. P reported the matter to the Hong Kong Police (“HKP”) on 5 December 2019.

6. Subsequently, HKP informed P’s solicitors that there are bank accounts being withheld but they are unable to disclose any information without the consent of the data owner.

7. Accordingly, P now seeks an order for disclosure of documents relating to the incorporation of Top Sky and TSU Limited, the opening of their bank account held with the Banks, particulars of all payments in and out of those accounts from 28 June 2019 to the date of the order, and their current balance.

8. According to the correspondence with the Banks, they were served the OS and have indicated through that they adopt a neutral stance with regard to P’s application and did not intend to attend today’s hearing. The Banks have not attended today’s hearing.

9. Ms Cheng, counsel, appears on behalf of P.

Applicable principles

10. The applicable principles for Norwich Pharmacal relief are well-settled. It is not a usual order and will not be lightly granted in the absence of powerful factors:

(1) It is made against an innocent party whose only