Sue In Hong Kong

Among other things, Hong Kong is known for its rule of law, its professional services and its efficiency. When a perceived wrong doing in the field of intellectual property originates in mainland China, it is natural for overseas stakeholders to think of a possible near-by forum that might be able to take some actions eg granting an injunctive relief to contain the wrong doing timely, as nearly all countries and territories abide by the international standard of intellectual property protection.

However, in Greater China, apart from the mainland Chinese civil law-based legal system, there are also different civil law-based legal systems in Macau and Taiwan. And the only common law-based legal system, which is also English speaking is Hong Kong. But Hong Kong courts do not have jurisdiction to grant any judicial relief against any wrong doing if it is not done in or connected with Hong Kong.

As Hong Kong is a place to do business, it is not uncommon that businesses having their outposts eg companies in Hong Kong. And if the companies via their directors actually know or be imputed or attributed to know the relevant circumstances and of any agreement of the wrong doing, there may be an arguable case based on civil conspiracy (through either unlawful means or with a predominant purpose to injure) against the Hong Kong company and directors, particularly if they stand to gain as a result of the wrong doing done elsewhere.

However, the thresholds are not low. On the jurisdictional issue, If a majority of the overt acts of wrong doing are done in mainland China rather than in Hong Kong, the proper law of the tort should be mainland Chinese law rather than Hong Kong law. And if jurisdiction is accepted, the plaintiff would still have to discharge the burden of proof on the issue of knowledge, or knowledge imputation or attribution in the circumstances of the case.

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