DCEO 15/2023

[2025] HKDC 1587

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EQUAL OPPORTUNITIES ACTION NO. 15 OF 2023

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DECISION

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1. There are two applications, both dated 9 July 2025, made by the Claimant before this Court for leave to:

1) Serve Interrogatories on the 1 ^st and 2 ^nd Respondents under Order 26 of the Rule of the District Court, Cap. 336H (“RDC”) (the “Interrogatories Application”);

2) Issue Writs of Subpoena duces tecum against 7 individuals under Order 38 rule 14 of the RDC (the “Subpoena Application”)

The Interrogatories Application

2. The starting point is Order 26, rule 1 which stated:

(1) A party to any cause or matter may apply to the Court for an order—

(a) giving him leave to serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the cause or matter; and

(b) requiring that other party to answer the interrogatories on affidavit within such period as may be specified in the order.

(2)An application under this rule shall be made by summons or by notice under Order 25, rule 10 and a copy of the proposed interrogatories shall be served with the summons or notice. (L.N. 153 of 2008)

(2A) On the hearing of an application under this rule, the Court shall give leave as to such only of the interrogatories as it considers necessary either for disposing fairly of the cause or matter or for savings costs; and in deciding whether to give leave the Court shall take into account any offer made by the party to be interrogated to give particulars, make admissions or produce documents relating to any matter in question. (L.N. 153 of 2008)

(3) A proposed interrogatory which does not relate to such a matter as is mentioned in paragraph (1) shall be disallowed notwithstanding that it might be admissible in oral cross-examination of a witness.

3. The principles are trite and summarised in New Shipping Limited v Lau Wing Yan [2020] HKCFI 2933 as follows:

1) Interrogatories must relate to a matter in question between the parties. They are not confined to the facts directly in issue, but extend to any facts the existence or non-existence of which is relevant to the existence or non-existence of the facts directly in issue.

2) They must be necessary either: (i) for disposing fairly of the cause or matter; or (ii) for saving costs.

3) Interrogatories must not be oppressive, prol