High Court Ordinance

(1)
In any proceedings to which this subsection applies a person shall not be
                excused, by reason that to do so may tend to expose that person, or the wife or
                husband of that person, to proceedings for a related offence or for the recovery of
                a related
penalty—
(a)
from answering any question put to that person in the first mentioned
                    proceedings; or
(b)
from complying with any order made in those proceedings.
(2)
Subsection (1) applies to the following civil proceedings in the Court of First
                Instance,
namely—
(Amended
25 of 1998 s. 2
)
(a)
proceedings for infringement of rights pertaining to any intellectual
                    property or for passing off;
(b)
proceedings brought to obtain disclosure of information relating to any
                    infringement of such rights or to any passing off; and
(c)
proceedings brought to prevent any apprehended infringement of such rights
                    or any apprehended passing off.
(3)
Subject to subsection (4), no statement or admission made by a person on or
                after the commencement of the Supreme Court (Amendment) (No. 3) Ordinance 1982 (
52 of 1982
)—
(a)
in answering a question put to him in any proceedings to which subsection
                    (1) applies; or
(b)
in complying with any order made in any such proceedings,
shall, in proceedings for any related offence or for the recovery of any
                related penalty, be admissible in evidence against that person or (unless they
                married after the making of the statement or admission) against the wife or husband
                of that person.
(4)
Nothing in subsection (3) shall render any statement or admission made by a
                person as there mentioned inadmissible in evidence against that person in
                proceedings for perjury or contempt of court.
(5)
In this
section—
intellectual
                    property
(
知識產權
) means any patent, trade mark,
                copyright, registered design, technical or commercial information or other
                intellectual property;
related
                        offence
(
相關罪行
), in relation to any proceedings to
                    which subsection (1) applies,
means—
(a)
in the case of proceedings within subsection
(2
)(
a)
or
                        (b
)—
(i)
any offence committed by or in the course of the infringement or
                            passing off to which those proceedings relate; or
(ii)
any offence not within sub-paragraph (i) committed in connection
                            with that infringement or passing off, being an offence involving fraud
                            or dishonesty;
(b)
in the case of proceedings within subsection
(2
)(
c)
, any
                        offence revealed by the facts on which the plaintiff relies in those
                        proceedings;
related
                        penalty
(
相關罰金
), in relation to any proceedings to
                    which subsection (1) applies,
means—
(a)
in the case of proceedings within subsection
(2
)(
a)
or (b),
                        any penalty incurred in respect of any thing done or omitted in connection
                        with the infringement or passing off to which those proceedings
                        relate;
(b)
in the case of proceedings within subsection
(2
)(
c)
, any
                        penalty incurred in respect of any act or omission revealed by the facts on
                        which the plaintiff relies in those proceedings.
(6)
Any reference in this section to civil proceedings in the Court of First
                Instance of any description includes a reference to proceedings on appeal arising
                out of civil proceedings in the Court of First Instance of that description.
(Amended
25 of 1998 s. 2
)