04 Nov Successful Appeal
We are pleased to announce that we successfully assisted our clients in their appeal to the High Court in Zhongshan Shengwang Electrical Appliance Co Ltd and another v Phua Kian Chey Colin and another [2025] SGHC 213 (“Zhongshan Shengwang“).
Zhongshan Shengwang involved not just one, but two novel points of law that the High Court had to make a determination on. First, the availability of an order for production of documents in committal proceedings, in light of Order 23 of the Rules of Court 2021 (“ROC 2021”) and ss 10(2) and 26(1) of the Administration of Justice (Protection) Act 2016 (2020 Rev Ed) (“AJPA”), where the High Court held that the production of documents regime under Order 11 applies to committal proceedings. Second, the availability of the privilege against self-incrimination in committal proceedings, where the High Court held that the privilege against self-incrimination may be invoked in civil proceedings to resist the production of documents which will tend to incriminate or subject the defendant to a penalty or forfeiture, and that the privilege can be invoked by natural persons and corporate entities.