06 - Regulatory investigations
Can governmental regulators require a privileged document to be provided to them?

There are a number of statutes in Hong Kong that grant information-gathering powers to governmental and/or regulatory authorities. Some expressly abrogate or curtail the application of legal professional privilege, while others expressly confirm its application. The Hong Kong courts, while recognizing that the Hong Kong legislature can legislate to abrogate or curtail legal professional privilege, have made it clear that, as legal professional privilege is a fundamental right entrenched in the Hong Kong Basic Law, such abrogation or curtailment needs to be made by clear and compelling words in primary legislation or by necessary implication.