YCM v. LJ

FCMC 6812/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES NO. 6812 OF 2016

------------------------

------------------------

-----------------------

D E C I S I O N
(DISCOVERY)

------------------------

1.  This is a hearing of the Respondent (“the wife”)’s application for discovery against the Petitioner (“the husband”).

Brief introduction

2.  The parties were married in 1985.  Within wedlock, they have 2 children, both of them have now reached majority and being financially independent.

3.  On 3 June 2016, the husband filed a petition for divorce based on 2-year separation.   The wife filed an Answer and Cross Petition based on the behaviour of the husband.   At the hearing on 5 December 2016, the husband decided not to proceed with his petition for divorce and at the same time indicated that he would not defend the wife’s cross petition. This court then gave directions for the husband’s petition to be stayed and allowed the wife to proceed with her cross petition as undefended.  However, I understand that up to this hearing, the wife’s cross petition has yet to be set down in the special procedure list.

4.  As for ancillary relief, at the 1^st Appointment hearing on 5 December 2016, the wife asked for her draft questionnaire to be answered.   The husband objected and therefore, the wife’s request for discovery was adjourned to today for argument.

The Law on Discovery in Matrimonial Cases

5.  Discovery in matrimonial proceedings is governed by Rule 77(4) of the Matrimonial Causes Rules, Cap.179A (“MCR”) which is as follow:

“(4) Any party to an application for ancillary relief may by letter require any other party to give further information concerning any matter contained in any affidavit filed by or on behalf of that other party or any relevant matter, or to furnish a list of relevant documents or to allow inspection of any such document, and may, in default of compliance by such party, apply to the court for directions.”

6.  It seems that the Court has a wide discretion in giving directions on discovery but the principles on which the Court is to exercise that discretion are not spelt out in the said rule.

7.  In this regard, I think much assistance can be gained by referring to O.24 of the Rules of the High Court, Cap.4A (“RHC”) which governs the issue of discovery.  However, I do not intend to go into details of O.24 because I do not think the principles as contained therein are in dispute. The principles governing discovery are relevance and necessity.  Orders for production of documents will only be made if the materials sought are relevant to the issues and they are also necessary for the fair disposal of the matter or for saving costs (O.24 r.13, RHC).

8.  Parties in matrimonial cases are also under an absolute, positive and continuing duty to give full and frank disclosure of his or her means.  In L v C [2007] 3 HKLRD 819, Stock JA (as he then was) confirmed this duty by reciting the following passage in Rayden and Jackson on Divorce and Family Matters (18^th ed., 2005) at paragraph 69 at p.855:

“69. The effect of the authorities has been summarised thus:

The importance of the duty of both husband and wife to make disclosure of their assets which is full, frank and clear cannot be over emphasised. Unless a court is provided with correct, complete and up-to-date information on the matters to which…it is required to have regard, it cannot lawfully or properly exercise its discretion in the manner ordained by [the statue]. The duty of each party is absolute, and it must be discharged regardless of whether the application for ancillary relief is adjudicated upon by the court after full evidence has been heard, or settled after an exchange of financial information between the parties leading to a consent order. The duty is also a continuing one; a party must not mislead the other party and the court into assuming that his financial situation is unchanged if it [in] fact has changed…. A Party who seeks to negotiate and secure a settlement without informing the other party about a material change in his or her financial circumstances runs the risk that, if a settlement is reached and a consent order is made, the consent order will be set aside by the failure to provide full, frank and timely disclosure. Shortcomings in disclosure will be visited by orders for costs against the offending party, often on the indemnity basis. Furthermore, deviation from the standard of disclosure required may be visited by the court drawing adverse inferences against the party in default.

   Rayden and Jackson on Divorce and Family Matters (18^th ed., 2005) para.17.28.”

9.  I do not think the above general principles are in dispute.

The wife’s requests

Under Part 1.4.1 and 1.4.2 of the husband’s Form E

10.  The wife’s 1^st Question concerns with Parts 1.4.1 and 1.4.2 of the husband’s Form E in which he stated to be unemployed since 1 July 2015.  The wife’s request was:

“1. Under Part 1.4.1 & Part 1.4.2

1.1 Of the allegation that the Petitioner has been unemployed since 1^st July 2015,

(i) Please state the name and address of the Petitioner’s last employer;

(ii) Please state the Petitioner’s monthly income at his last employer and provide documentary evidence in support thereof;

(iii) Please confirm if the Petitioner received any funds or monies or compensation in whatever form e.g. gratuity when he left his employment at his last employer. If yes, please give particulars of the funds or monies or compensation received and the whereabouts of the same, and provide documentary evidence in support thereof;

(iv) Please state what efforts the Petitioner has made to secure employment after leaving his last employer, and produce documentary evidence in support thereof.”

11.  The husband objected by saying that the request was beyond the ambit of Form E.  He said he chose to be unemployed because he wanted to retire.  He further said it was unnecessary for him to make effort to secure employment because it was his intention to retire.

My views

12.  I agree with Ms Hung (for the wife) that this question is relevant to the wife’s application for ancillary relief.  Of course, the husband can choose whether to work or to retire. It is a matter of personal choice.   But what is relevant here is the husband’s earning capacity.  He is now aged 57.  He was an accountant and used to be employed as the Chief Financial Officer (“CFO”) of a company in the Mainland. Prima facie, he is still at his prime years as far as employment is concerned. Therefore, whether he has made good use of his earning capacity will be relevant when the ancillary relief issue comes to be determined by this court. The wife now wants information on the husband’s last employer and on compensation (if any) being received upon termination is totally understandable and therefore a reasonable request under the circumstances of this case. 

13.  It is my ruling that the husband has to give a written answer to Question 1.

Under Part 2.2 – Interest in landed properties

14.  The wife’s 2^nd Question concerns with Part 2.2 of the husband’s Form E in which he stated to be the registered owner of a landed property in Singapore:

“2. Under Part 2.2–Interest in landed properties

2.1 15 Jalan Rajawali, #05-02, Regis Mansions, Singapore 598433

2.1.1 Please provide details of the Petitioner’s purchase of the above property, including but not limited to the following:-

(i) The date of purchase;

(ii) The purchase price;

(iii) The amount of downpayment paid and the source of the downpayment;

(iv) The original amount of mortgage loan from UOB Bank and the Central Provident Fund Board respectively;

(v) Please provide documentary evidence in support of the Petitioner’s answers for (i) to (iv) above, such as land search records and bank statements.

2.1.2 Please produce other documentary evidence in support of the Petitioner’s claim that the outstanding mortgage for the above property is in the sum of SGD188,000. The screenshot produced by the Petitioner of what purports to be the online home loan account relating to the above property does not state the address of the above property, therefore there is no way to prove that the same relates to the above property.

2.1.3 Please state if the above property has ever been let out since December 2013. If the answer is yes, please state (i) the periods during which it was let out; (ii) the amount of rental; and (iii) the bank account(s) which such rental income was deposited into and produce documentary evidence (such as copy of tenancy agreement) in support of the Petitioner’s answers to (i) to (iii) above. If the answer is no, please state who has been occupying the above property since December 2013.”

15.  The husband objected by saying that the request is irrelevant.  According to him, the only thing relevant was the value of the property and such information has already been given in his Form E.  He further said he did not have the documents as requested with him.

My views

16.  It is my view that the value of the husband’s landed property is of course a relevant issue in the determination of the wife’s ancillary relief application.  But equally I think the husband does have a duty to provide further information on that property and that is why there are boxes under Part 2.2 in the Form E for the owner to provide information on matters like down payment, mortgage, other loans and expenses.  I am not persuaded that the husband should be exempted from providing that information. 

17.  I understand that the husband was saying that he did not recall some of the information or did not have the documents as requested.  It is hardly a convincing answer.  As he is the sole owner of the property, he certainly has the means to obtain those information and documents from the relevant authorities or banks.  Therefore, it is my ruling that the husband has a duty to answer or give the documents as requested under Question 2.

Under Part 2.3-Bank Accounts

18.  The wife’s 3^rd Question concerns with the husband’s bank accounts:

“3. Under Part 2.3 – Bank Accounts

3.1 For all the bank accounts disclosed in the Petitioner’s Form E, namely:

(i) HSBC (Hong Kong) Account no. 047-569***-888;

(ii) DBS (Hong Kong) Account no. 755*****22;

(iii) HSBC (Australia) Account no. 003-189***-***;

(iv) ICBC (China) Account no. 9558-****-0200-22****8;

(v) UOB (Singapore) Account no. ******0468;

(vi) DBS (Singapore) Account no. 137****0-0

please provide copies of the bank statements for the past 3 years, i.e. from December 2013 up-to-date.

3.2 On the customer advice for the Petitioner’s HSBC (Hong Kong) Account no. 047-59***-888 dated 20^th November 2016 produced by the Petitioner, it was noted that he had written “+522,000 share sales proceeds = 523,000” for the balance of the said account. Please provide details of the said sale of shares, including but not limited to the following:-

(i) The name of the shares which were the subject of the said sale;

(ii) The number of shares which were sold;

(iii) The date of sale;

(iv)Documentary evidence of the said sale.

3.3  According to documents which the Respondent found at home (copies of the same are attached as Annexure A), the Petitioner hold or has held the following bank accounts which have not been disclosed in the Petitioner’s Form E. Please provide copies of the bank statements of the said accounts covering the last 3 years i.e. from December 2013 up-to-date. If the accounts have been closed, please state the date of closure and the destination of funds on the date of closure, and produce documentary evidence in support thereof.

(i)	HSBC (Australia)	Online Savings Account 003-189610-412
(ii)	ICBC (China) 南寧市開投分理處	Elite Club﹝理財金賬戶﹞ Account No. 9558882102000034475
(iii)	ICBC (China)	理財金賬戶 Account No. 9558882102000273651
(iv)	HSBC Bank (China) Company Limited	往來帳戶號：CNY 842-001992-050 儲蓄賬戶號： AUD 602-001992-406 HKD 602-001992-427 CNY 842-001992-054 定期存款號： HKD 602-001992-526 HKD 602-001992-527 CNY 842-000994-200 CNY 842-000994-201
(v)	DBS Bank (Hong Kong) Limited	Multi-Currency Savings Account Nos. 758015920 (HKD) 758015920 (AUD) 758015920 (USD) 758015920 (USN) 758017079 (CNY) Time Deposits Account No. 75710769400001 (CNY)
(vi)	DBS (Hong Kong)	SIP Account No. 75752667000001
(vii)	DBS (Singapore)	Account No. 137197600

3.4   According to a maturity advice from DBS (Hong Kong) SIP Account No. 75752667000001 dated 1^st April 2016, the Petitioner has made a fixed deposit of CNY1.8 million with the bank. Please state the destination of the said funds after the fixed deposit had matured, and produce documentary evidence in support thereof.”

19.  Again, the husband challenged the relevancy of the Question and the information requested.   In respect of Question 3.2 which concerns with the sale of some shares, the husband said they were sold and are therefore no longer in existence.  He said that this was the wife’s problem and he was not going to waste any of his valuable time in complying with such request.

20.  In respect of Question 3.3 about the bank accounts, he said some of the accounts were not disclosed in Form E.  I think what he meant was that since those accounts were not within the requirement for disclosure under Form E, he should not be required to provide further information on them.

21.  As to Question 3.4 concerning a fixed deposit of CNY1,800,000 which had matured already in 2016, the husband said the money has been spent by him.

My views

22.  For Question 3.1, the statements of the bank accounts as disclosed in his Form E must be relevant to the present financial wellbeing of the husband.  They need to be produced.  But for the disclosure period, I am of the view that the normal period of 12 months (before the filing of the Form E) is sufficient.  Therefore, it is my ruling that the husband has to produce the bank statements under Question 3.1 starting from 1 November 2015 up to the date of this Decision.

23.  For Question 3.2, the information on the sale of shares was voluntarily disclosed by the husband by writing the same on a customer’s advice from HSBC dated 20 November 2016.  Again, whether the husband had or still has company shares and the value of those shares, if any, are all relevant to the present financial wellbeing of the husband and should therefore be disclosed.

24.  For Question 3.3, it concerns with certain bank accounts (listed in Annexure A to the Questionnaire) not mentioned in the husband’s Form E.  I am satisfied that the husband did at one time hold those bank accounts.  They may or may not be in existence as at the date of this hearing but I am satisfied that the husband does have a duty to explain those accounts.  If they have already been closed a long time ago, the husband can always say so in his Answers.  As to the production of documentary proof, I would again restrict that to the period starting from 1 November 2015 up to today’s hearing.

25.  For Question 3.4, the husband said he had already spent the money.  Be that as it may, the husband does have a duty to give the information as requested.

Under Part 2.4 – Interest in private companies

26.  The 4^th Question concerns with the husband’s interest in private companies:

“4.1 Please state if the Petitioner has any beneficial interest in any of the companies known as China Everbright Water International Pte. Ltd and East Asia Properties Limited. If the answer is yes, answer the following:-

(i) Please state the extent of the Petitioner’s beneficial interest in the said company / companies;

(ii) Please state the Petitioner’s estimate of the current value of his beneficial interest and provide documentary evidence in support;

(iii) Please provide copy of the audited financial statements of said company / companies for the last 2 years.”

27.  The husband objected by saying that the wife had no basis to ask this question.  He said he used to be an employee of one of the companies.  As far as East Asia Properties limited is concerned, he used to be employed as the CFO.  As to the other company, he said he had never heard of it.

My views

28.  I agree with the husband’s submission that there is no evidence to suggest that he has any beneficial interest in the shareholdings of those 2 companies.  Without any proper basis, I am not satisfied that this Question needs to be answered.

Under Part 2.6 – Business Interests

29.  The 5^th Question concerns with the husband’s business interests:

“5.1  The Petitioner told the Respondent in May 2016 that he has invested RMB100,000 in a private kindergarten in Mainland China and that he also has interests in another private kindergarten there (“the said kindergartens”). Please provide particulars of the said kindergartens, including but not limited to (ii) the respective names of the said kindergartens; (ii) the date on which the said kindergartens were set up respectively; (iii) the address of the said kindergartens; (iv) the extent of the Petitioner’s interest in the said kindergartens; and (v) amount of income earned from the Petitioner’s investment in the said kindergartens since their respective date of set up. Please also provide documentary evidence in support of the above.”

30.  At the hearing, the husband said he would give an answer to this question and I will say no more on this.

Under Part 2.7 – Stocks, Bonds & Other Quoted Securities & Other Investments

31.  The 6^th Question concerns with the husband’s stocks, bonds and other quoted securities:

“6.1 According to statements which the Respondent found at home (copies of the relevant statements of various accounts are attached as Annexure B), the Petitioner holds or has held the following securities / investments accounts which have not been disclosed in the Petitioner’s Form E. Please provide copies of the statements of the said accounts covering the last 12 months i.e. from December 2015 up-to-date. If the accounts have been closed, please state the date of closure and the destination of funds on the date of closure, and produce documentary evidence in support thereof.

(i)	Citibank (Singapore)	CitiGold Relationship Manager: Heng Yee Sin Branch: Capital Square
(ii)	UOB Kay Hian Private Limited (“UOB”)	Account No. 05/8R/0151737
(iii)	UOB	Account No. 05/8R/0571133
(iv)	The Central Depository (Pte) Limited	Securities Account No. 1681-1726-0927
(v)	Nomura Singapore Limited	Account No. 207209
(vi)	DBS (Hong Kong)	Securities Account No. 107510413220
(vii)	HSBC (Hong Kong)	Security Account No. 047-569850-380

32.  The husband indicated at the hearing that he would answer the said Question and I shall therefore say no more on this.

Under Part 2.8 – Insurance policies

33.  The 7^th Question concerns with the husband’s insurance policies:

“7.1 Please provide the latest policy statement of the Manulife Insurance Policy No. 01-60**0210.

7.2 The Respondent understands that the Petitioner also holds an AIA insurance policy no. B997864841. Please provide the latest policy statement of the said AIA policy.”

34.  The husband objected by questioning why an insurance policy should be regarded as an asset.  He further denied that he had the AIA insurance policy.

My views

35.  An insurance policy may or may not be an asset.  That has to depend on whether there is any cash value in those policies.  That is why there is a section in the Form E for such disclosure. In the husband’s Form E, I see that he has given very little information on his Manulife insurance policy.  He put “N/A” under the column of “Maturity Date”, “Surrender Value” and “Total current value of your interest”.  Under these circumstances, I think it is reasonable for the wife to request the husband to provide a policy statement of this policy.

36.  As to the AIA insurance policy, I understand from the husband that he does not have this policy or that such policy should have expired years ago.  If that is really the case, I am satisfied that the husband should explain the same in a written answer form.

Under Part 2.10 – Valuable personal items

37.  The 8^th Question concerns with the valuable personal items of the husband:

“8.1 Please state the brand and model of the Petitioner’s “motor car in Australia”, and explain the basis upon which the Petitioner arrived at his valuation of the same.

8.2 Save as already disclosed, please confirm that the Petitioner does not have any other valuable personal items such as jewellery, watches, wine collection etc. in Hong Kong, Mainland China, Australia or anywhere else in the world. If there are any valuable personal items which the Petitioner has yet to disclose, please provide particulars of the same and their estimated current value.”

38.  According to the husband, he is willing to give an answer in respect of Question 8.1 concerning his car.  However, he objected to Question 8.2 because he has already disclosed all his valuable personal items in the Form E.

My views

39.  As the husband is willing to give an answer to Question 8.1 concerning his car, I shall therefore say no more on that.  However, for the other valuable personal items, I tend to agree with the husband’s view that according to him, he has already listed out all his valuable personal belongings in Form E.  The wife’s request for further confirmation is therefore unnecessary. 

Under Part 2.12 – MPF / Pension / Gratuity Interests

40.  The 9^th Question concerns with the husband’s MPF/Pension/Gratuity Interest:

“9.1 As evidenced by the statement of the Central Provident Fund loan produced by the Petitioner in relation to the property known as 15 Jalan Rajawali, #05-02, Regis Mansions, Singapore 598433, the Petitioner has interests in a Central Provident Fund in Singapore. Furthermore, as he has worked in Australia previously, he must also have interests in a superannuation fund. As such, please answer the following:-

(i) Please state the account no. of the Petitioner’s Central Provident Fund in Singapore and his superannuation funds in Australia (“the said funds”);

(ii) Please state the respective current value of the said funds;

(iii) Please state the date realizable for each of the said funds;

(iv) For each of the said funds, please produce the latest statement showing the valuation of the same.”

41.  According to the husband, he is now willing to give an answer to this Question and I shall therefore say no more on this.

Under Part 2.13 – Liabilities

42.  The 10^th question concerns with the husband’s liabilities:

“10.1 Please state whether the Petitioner holds or has the use of any credit cards, whether in Hong Kong, Mainland China, Australia, or elsewhere. If the answer is yes, please give particulars of the said credit cards with reference to the (i) issuing bank; (ii) credit card no.; and (iii) type of card e.g. Visa / Master / American Express etc. Please also produce copies of statements of each such credit card for the period from June 2016 up-to-date.”

43.  The husband objected by saying that the information sought were being irrelevant and the wife was trying to interfere with his private life.

My views

44.  I note that the husband is not saying that he has no credit cards.  His credit card information must be relevant or otherwise it would not be required to be disclosed under Part 2 of the Form E.   I am of the view that the husband needs to answer this question and to produce the credit card statements as requested.  As for the period of disclosure, the usual requirement in Form E is for 3 months before filing.   The wife now asks for statements as from June 2016 which is about 6 months before the filing of Form E.   In view of the rather uncooperative attitude of the husband in the production of relevant documents, I think a slightly longer period of disclosure is justified.  I therefore order the husband to produce the credit card statements as from June 2016 up to the date of this Decision.

Under Part 3 – Income

45.  The 11^th Question concerns with the husband’s income:

“11.1 Please provide the following information with regards to the Petitioner’s employment record:-

(i) Every employment held by the Petitioner since the marriage (i.e. March 1985);

(ii) Dates of each employment since the marriage;

(iii) Name of employing organization; and

(iv) Positions held.

11.2 Please explain why the Petitioner left his position as CFO of Hankore Environment Tech Group Limited (“Hankore”), an environment solutions provider based in Beijing, China, in April 2012.

11.3 Please confirm if the Petitioner received any funds or monies or compensation in whatever form when he left his employment at Hankore. If yes, please give particulars of the funds or monies or compensation received and the whereabouts of the same, and provide documentary evidence in support thereof.”

46.  The husband objected by saying that the information as requested was not relevant.

47.  Ms Hung for the wife submitted that the information must be relevant to assess the husband’s present or future earning capacity.  However, even Ms Hung herself conceded that the provision of information as from 1985 is too onerous and therefore, she was content to accept information for a period of 5 years before the husband’s retirement.

My views

48.  I am satisfied that the husband’s employment status must be relevant to his present or future earning capacity.  As he has retired in 2015 at the age of 56, it is reasonable for the wife to require further information concerning his past employment.  I therefore order the husband to answer this Question but the information or documents to be provided will be restricted to the period starting from 1 July 2012 (ie 3 years before his retirement) to the date of this Decision.  I see that Questions 11.2 and 11.3 both concern with the husband’s employment at Hankore from which he left in April 2012, which falls outside the period above ordered.  Therefore, I order that the husband needs not answer Questions 11.2 and 11.3.   

Under Part 4 – Monthly expenses

49.  Question 12 concerns with the husband’s monthly expenses:

“12.1 Please explain how the Petitioner sustains his alleged total current expenses of about HK$30,000 per month when he claims to be unemployed.

12.2 General

12.2.1 For the alleged mortgage instalments in the sum of SGD2,100 per month, please produce documentary evidence in support.

12.2.2Please state the bank account(s) from which the alleged mortgage instalments in the sum of SGD2,100 per month are paid, and produce documentary evidence in support.

12.3 Personal

12.3.1Please provide a breakdown and documentary evidence in support of the following alleged monthly expenses:-

(i) Meals out of home: HK$3,000

(ii) Transport: HK$1,000

(iii) Entertainment / presents : HK$3,000

(iv) Holiday: HK$2,000

(v)Insurance premia: HK$2,400

12.3.2 Please state the bank account(s) from which the alleged contribution to parents in the sum of HK$500 is withdrawn, and produce documentary evidence in support.”

50.  I understand that the husband is now willing to answer this question and I shall therefore say no more on this.

Under Part 4.4 – Anticipated future expenses

51.  Question 13 concerns with the husband’s anticipated future expenses:

“13.1 Please explain the basis upon which the Petitioner arrived at the figure of HK$25,000+ per month for his future rental expenses in Australia.”

52.  The husband objected by saying that he had no further answer to give.

My views

53.  The husband’s anticipated future expenses will have an important bearing on his future needs, which is a relevant factor in the determination of the ancillary relief application.   Therefore, it is my ruling that the husband should give an answer to this question.

Other information

54.  There are 2 parts in Question 14, one concerning the husband’s health condition and the other about his new family:

“14.1 Under Part 5.5

14.1.1 Please produce documentary evidence in support of the Petitioner’s alleged heart condition.

14.2 Under Part 5.6

14.2.1 It is understood that the Petitioner has started another family in Mainland China. Please give details of the Petitioner’s cohabitee’s income and assets, including but not limited to her monthly income, her interests in landed property, bank account(s), shareholding in private companies, business interests, investments, whether under her sole name or in joint names with others in Hong Kong, Mainland China or elsewhere in the world.”

55.  The husband objected by saying that the Questions are unnecessary and therefore, he would not give any answers to those questions.

My views

56.  I note that in Part 5.5 of the husband’s Form E, he stated that there were potential medical expenses to treat his heart condition.  The husband’s health condition will have important bearings on his future needs and therefore must be a relevant issue, or otherwise, I trust that the husband would not have mentioned this in his Form E.   I do not know if the husband has any documents to support the claim on his heart condition, but he has a duty to give an answer to this question.

57.  As to the information on his new family and the financial wellbeing of his new partner, it is again a relevant information that will throws light on the overall financial conditions of the husband.   I am of the view that he has to answer this question.

General

58.  Question 15 is a general question asking the husband to disclose whatever relevant information that he has not yet disclosed:

“15.1 Real properties / Personal properties

15.1.1 Apart from those which have been disclosed, please confirm whether the Petitioner has any legal or beneficial or residual interest in any real properties in Hong Kong, Singapore, Mainland China, Australia or elsewhere held in his sole name or in the joint names with other(s) and whether held directly or indirectly via companies in which the Petitioner is a minority or majority shareholder since December 2013 to present. If the answer is yes, please provide full particulars of such properties including the following:-

(i) the date of purchase and its consideration;

(ii) the full address; and

(iii) the source of purchase price.

15.1.2   If any of the properties disclosed in 15.1.1 above have been sold, please give full particulars of the sale including the date of sale, the sale price and the destination of the sale proceeds. If deposited into a bank account, please produce a copy of the relevant bank statement and identify the same from the bank statement.

15.2 Share Dealings

15.2.1 Apart from those which have been disclosed, please give full particulars (if any) of all share dealings and transactions undertaken by the Petitioner whether in Hong Kong, Singapore, Mainland China, Australia or elsewhere since December 2013 and produce a schedule provided by the Petitioner’s stock brokers concerning all shares dealings and transactions undertaken by the Petitioner.

15.2.2 Please give full particulars of the names and address of all stock brokers and dealers whom the Petitioner has had dealings for the purchase of shares, securities, bonds and other financial transactions whether in Hong Kong, Singapore, Mainland China, Australia or elsewhere.

15.2.3 Please identify on the bank statements to be produced all deposits and withdrawals in relation to the share dealings and transactions abovementioned.

15.3 Business

15.3.1 Apart from those which have been disclosed, please state if the Petitioner has any investment in any businesses, companies and/or partnerships (“the said investments”) whether in Hong Kong, Singapore, Mainland China, Australia or elsewhere. If yes, please produce the following particulars of the said investments:-

(i) The name of the said investments;

(ii) The address of the said investments;

(iii) The amount invested into the said investments; and

(iv) The amount of income whether by way of salary, bonus, profits, dividends, commission etc. from the said investments.

15.3.2 Please produce documentary evidence in support of 15.3.1 above.

15.4 Bank Accounts

15.4.1 Apart from those already disclosed, please identify each and every bank account(s), be it current / cheque / savings / foreign currency / multi-currency / time deposit account or any other kind whatsoever, in which the Petitioner is having or has had a beneficial interest and / or signing authority since December 2013, in Hong Kong, Singapore, Mainland China, Australia or elsewhere in the world whether in the Petitioner’s sole name or in joint names with persons or bodies other than the Respondent, in the name of bodies corporate, pseudonym or numbers.

15.4.2 Please provide copies of the bank statements of the account(s) disclosed under 15.4.1 above for the period since December 2013 up to date.

15.4.3 If the accounts(s) disclosed under 15.4.1 above has been closed, please state the date of closure and the destination of funds on the date of closure.

15.5 Trust

15.5.1 Please state whether the Petitioner is a beneficiary under any Trust. If yes, please give full particulars of the Petitioner’s interest and disclose any benefits received under the Trust and produce documentary evidence in support.

15.6 Safe Deposit Box

15.6.1 Please confirm whether the Petitioner has maintained any safe deposit box(es) with any bank(s). If the answer is yes, please provide the particulars and list out the item(s) and the valuable(s) kept under the said safe deposit box and their estimated value(s).”

59.  The husband objected by saying that all these questions are unnecessary.

My views

60.  I agree with the views of the husband.   In his Form E, he has already said on oath what assets he has and I think it is wrong in principle to assume that he may have hidden some other assets without showing any proper basis for such assumption.  If at the end of trial, the husband is found to have lied under oath, he may have incurred criminal liabilities but that is something that needs to be dealt with after the conclusion of the present proceedings.  In short, I am not convinced that the husband needs to answer this question.

Conclusions

61.  Based on the above discussions, these are the conclusions on the wife’s application for discovery:

(1) The husband is ordered to provide a written answer or the documents as requested in the wife’s Questionnaire as follows:

(i) Question 1;

(ii) Question 2;

(iii) Questions 3.1 and 3.3, but limited to the period starting from 1 November 2015 to the date of this Decision;

(iv) Questions 3.2 and 3.4;

(v) Question 5;

(vi) Question 6;

(vii) Question 7;

(viii) Question 8.1;

(ix) Question 9;

(x) Question 10;

(xi) Question 11.1, but limited to the period from 1 July 2012 to the date of this Decision;

(xii) Question 12;

(xiii) Question 13; and

(xiv) Question 14.

(2) The above answers or documents are to be provided by the husband within 28 days from the date of this Decision.

(3) The husband needs not answer the following questions:

(i) Question 4;

(ii) Question 8.2;

(iii) Questions 11.2 and 11.3; and

(iv) Question 15.

Costs

62.  Costs to follow event.  The wife succeeds in some but not all parts of her Questionnaire and I think it is fair for her to have half of the costs of today’s hearing, to be taxed if not agreed.  This will be in the form of an order nisi to be made absolute after the expiry of 14 days from the handing down of this Decision.