Hong Kong Injunction Applications: Interim Injunctions, Mareva Orders and Anton Piller Relief
- Stefan Schmierer
- May 2, 2020
- 3 min read
Updated: Mar 17
The Hong Kong Court’s Power to Grant Interim Injunctions
In cases where there is a real risk that a Defendant or intended Defendant will dissipate assets to avoid a claim, Hong Kong injunction applications may be made to the Hong Kong Court, which may upon application order that the Defendant's assets be frozen until the determination of the claim. If the writ has not yet been issued the Plaintiff will have to undertake to do so forthwith.
Mareva Injunctions in Hong Kong
Freezing Orders to Prevent Asset Dissipation
Such injunctions are known as Mareva injunctions. There are strict requirements for full and frank disclosure of all relevant material, including matters favourable to the Defendant that are within the Plaintiff's knowledge. Recently this power has been extended to cover cases where the original proceedings are brought outside Hong Kong, provided that any judgment in the overseas proceedings can be enforced in Hong Kong.
Procedure for Hong Kong Injunction Applications
The order will be made based on affidavit evidence from the Plaintiff and their witnesses. When the injunction is granted, the Court will fix a return date, when the Defendant will be entitled to appear before the Court and argue that the injunction be lifted. The Defendant will also be entitled to file affidavits in support of their case.
If the injunction is not lifted the Defendant will be entitled to apply to Court for release of part of the frozen assets for living expenses and legal costs incurred in defending the action.
Anton Piller Orders in Hong Kong
Search and Seizure Without Notice
This order entitles a person to enter the Defendant's premises without notice and search for, seize and temporarily retain documents and articles relevant to the Plaintiff's claim, where there is a real risk that the Defendant may destroy or remove the items.
Strict requirements must be complied with and the Defendant will be given an opportunity to overturn the order. The order will specify how the search is to be conducted and who may carry out the search.
In both Mareva injunctions and Anton Piller orders, the Plaintiff must provide undertakings, most notably that if the Court eventually finds in favour of the Defendant the Plaintiff will comply with any order for damages arising from the granting of the injunction.
The Legal Test Applied by Hong Kong Courts
These are two examples of interlocutory injunctions that Hong Kong Courts may grant. Whatever the circumstances, the Court will first consider whether damages would be an adequate or feasible remedy for the injury complained of.
If damages would not be an adequate remedy, the Court will then assess the balance of convenience, meaning which party would suffer the greater hardship if the injunction were wrongly granted or refused and that party later succeeded at trial. The Court will decide in favour of the party likely to suffer the greater hardship.
How Ravenscroft and Schmierer Can Assist with Hong Kong Injunction Applications
Applications for injunctions require urgency, precision and strict compliance with procedural obligations. At Ravenscroft and Schmierer, we advise clients on interim injunctions, Mareva injunctions, Anton Piller orders, and cross border enforcement issues.
Our team supports clients from urgent applications through return hearings and ongoing litigation, ensuring full and frank disclosure, appropriate undertakings and strategic preparation of evidence.
If you are concerned about asset dissipation or the risk of evidence being destroyed, contact our team to discuss available legal remedies.
FAQ: Hong Kong Injunction Applications
What is an interim injunction in Hong Kong?
An interim injunction is a temporary court order designed to preserve assets or evidence until a claim is resolved.
What is a Mareva injunction?
A Mareva injunction is a freezing order preventing a Defendant from dissipating assets before judgment.
Can Hong Kong courts grant injunctions for overseas proceedings?
Yes. Hong Kong courts may grant injunctions where any foreign judgment would be enforceable in Hong Kong.
What does full and frank disclosure mean?
The applicant must disclose all material facts, including those that may favour the Defendant.
What is an Anton Piller order?
An Anton Piller order allows entry without notice to preserve evidence at risk of destruction.
Can Defendants access frozen assets?
Yes. Courts may allow limited release of funds for living expenses and legal costs.
What test does the Court apply before granting an injunction?
The Court considers whether damages are adequate and assesses the balance of convenience.
Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.
For specific advice about your situation, please contact:
Managing Partner
+852 2388 3899
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