Iu Po Cheung v. The Commissioner for Census and Statistics and Another
Read the full judgment text of CACV 87/2013 on BabelCite. This Court of Appeal judgment was delivered on 10 December 2015 before Lam VP, Cheung JJA, Yuen JJA.
Civil procedure – leave to appeal to the Court of Final Appeal – Hong Kong Court of Final Appeal Ordinance (Cap 484) s.22(1) – whether the proposed appeal involves a question of great general or public importance, or otherwise ought to be submitted to the Court of Final Appeal for decision – third set of proceedings by the Plaintiff against the Commissioner for Census and Statistics – underlying action struck out by Master J Wong on 26 February 2013 – appeal to Anthony Chan J. dismissed – appeal to the Court of Appeal dismissed on 10 September 2015 – Plaintiff alleged fraud and perjury – Court of Appeal held claims had no basis – Plaintiff applied for leave to appeal to the Court of Final Appeal – Plaintiff failed to formulate any question of great general or public importance – repetition of submissions previously canvassed cannot give rise to a question meeting the s.22(1) threshold – leave refused – costs of the Defendants fixed at $11,792 based on the Statement of Costs submitted by Mr Ko.
Legal issues: Whether leave to appeal to the Court of Final Appeal should be granted under s.22(1) of the Hong Kong Court of Final Appeal Ordinance
Outcome: Application for leave to appeal to the Court of Final Appeal dismissed; Plaintiff to pay the Defendants' costs fixed at $11,792.
Cited by 6 cases
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CACV 87/2013 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 87 OF 2013 (ON APPEAL FROM HCA NO. 1120 OF 2012) ________________________
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_______________________ JUDGMENT Hon Lam VP (giving the Judgment of the Court): 1.On 10 September 2015, we handed down our judgment dismissing the Plaintiff’s appeal from the order of Anthony Chan J. By that order, the judge dismissed the Plaintiff’s appeal from an order of Master J Wong on 26 February 2013 striking out his statement of claim and dismissing the action. The action was the third action in which the Plaintiff pursued his claims against his former department head, the Commissioner for Census and Statistics. 2.The matter has a long litigation history. We summarized the three sets of legal proceedings commenced by the Plaintiff in respect of his dispute with the Commissioner for Census and Statistics since 2004 at paragraphs 1 to 15 of our judgment. 3.The Plaintiff applied by a Motion of 5 October 2015 for leave to appeal to the Court of Final Appeal against our judgment of 10 September 2015. 4.Submissions were filed by the parties on the Motion according to the directions give by the Registrar of Civil Appeal on 6 October 2015 and Lam VP on 15 October 2015. The Motion is opposed by Mr Ko, acting for the Defendants. 5.Under section 22(1) of the Hong Kong Court of Final Appeal Ordinance Cap 484 [“the Ordinance”], this court may only grant leave when the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision. 6.The Plaintiff did not formulate any question of great general or public importance in his Motion or the supporting documents he filed for the purpose of this application. Nor can we see any such question arising in the proposed appeal. We have already explained in our judgment why his claims of fraud and perjury had no basis. A repetition of his submissions previously canvassed cannot give rise to any question which ought to be submitted to the Court of Final Appeal for decision. 7.For these reasons, we are not satisfied that this is a case coming within Section 22(1) of the Ordinance. We dismiss the Motion and order the Plaintiff to pay the costs of the Defendants. Based on the Statement of Costs submitted by Mr Ko, we fix the costs of the Defendants at $11,792.
The Plaintiff acting in person Mr Eric Ko of the Department of Justice, for the defendants |
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