Chong

Kavon Chong and Kwan Ying Ping seek our review of a trial court’s denial of their motion to stay or dismiss a lawsuit pending in respondent court in favor of a legal proceeding in Hong Kong. Petitioners invoked the doctrine of forum non conveniens in support of their motion. The trial court denied the motion primarily because it was concerned that Hong Kong would not provide due process of law after the People’s Republic of China (China) obtained sovereignty over the former Crown Colony, on July 1, 1997. We find no evidence that Hong Kong courts will not continue to provide due process of law. Further, since the appropriate favorable resolution of petitioner’s motion is a stay of the California proceedings rather than outright dismissal, and real party will have an opportunity to apply to lift this stay if it can show a breakdown of the rule of law in Hong Kong, we grant a writ of mandate directing the court to stay the proceedings in California during the pendency of the proceedings in Hong Kong.

Factual and Procedural Summary

HBZ Finance Limited is a registered deposit-taking institution. It is authorized to do business under Hong Kong law and conducts its business in…