Attorney General
F, others
Mr Carlson, Crown Counsel
HCMP 335/1991
HCMP000335/1991
[An order for discovery, in aid of a restraint order made under the Drug Trafficking (Recovery of Proceeds) Ordinance 1989, will not be made ex-parte]
H.C.M.P. 335 of 1991
IN THE HIGH COURT OF HONG KONG
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and
"F" and others
Coram: Godfrey, J at Chambers
Date of Judgment: 29 January 1991
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JUDGMENT
1. This is an application ex-parte for a restraint order under the Drug Trafficking (Recovery of Proceeds) Ordinance 1989. I propose to make an order restraining the respondents from dealing with the property mentioned in the intended Notice of Originating Motion before me, and also certain other orders which are asked for therein. But the relief sought today includes an order that the respondents should make discovery of their assets in aid of the restraint.
2. I refuse to make such an order on an application ex-parte. I am satisfied that it would be a proper order for which to ask (subject to any point that might arise on the privilege against self-incrimination) on the date prescribed for the hearing of the originating motion inter partes, which in this case is 11th February 1991. But to make an order for discovery on an application ex parte would be contrary to the practice of the court in the analogous case of a Mareva injunction and would, in my judgment, be plainly wrong. Accordingly I refuse this application so far as the order for discovery is concerned.
(G.M. Godfrey)
Judge of the High Court
Representation:
Mr Carlson, Crown Counsel, for Attorney General/Applicant