Read the full judgment text of HCA 2337/2016 on BabelCite. This Court of First Instance judgment was delivered on 4 May 2018 before Deputy High Court Judge To.
Civil procedure – striking out – amendment – joinder – declaratory relief – locus standi – whether plaintiff has standing to seek declaration that school supervisor is not a 'fit and proper person' under Education Ordinance (Cap 279) – whether action is an abuse of process by avoidance of judicial review under Order 53 – whether there is a proper contradictor – whether court can intervene in internal management of a body corporate – whether claim is frivolous, vexatious and an abuse of process – plaintiff is alumnus and former honorary director of Hong Kong Pui Ching Schools and major donor (about HK$30 million) – defendant Chan Chi Mong Hopkins allegedly holds bogus PhD from The European University of Ireland which ceased to exist in 2010 – BCHK issued public notice defending Chan – real interest requirement for declaratory relief requires genuine interest in subject matter and outcome and proper contradictor, following Ip Cheung Kwok v Ip Siu Bun and In re S – liberal, practical utility approach adopted – plaintiff is not a busybody – section 38(1)(e) and 38(2) of Education Ordinance allow management committee to recommend removal of supervisor – plaintiff is not challenging Permanent Secretary's decision but defendants' failure to discharge duty – 1st defendant as President of BCHK and BCHK are proper contradictors – 2nd defendant is salaried Executive Secretary with no authority and not a proper contradictor – internal management rule does not bar review of statutory compliance – ulterior motive to pressure BCHK over incorporated management committee not established as irresistible inference – freedom of expression under Basic Law Article 27 – appeal allowed in part: claim against 2nd defendant struck out with costs; other orders of master upheld; plaintiff gets costs of appeal against 1st defendant with two counsel certificate.
Legal issues: Locus standi for declaratory relief in respect of school supervisor's fitness · Whether the action is an abuse of process by avoiding judicial review under Order 53 · Whether there is a proper contradictor for the claim · Internal management rule and court's jurisdiction to intervene · Whether the claim is frivolous, vexatious or an abuse of process · Joinder of new defendants and amendment of pleadings
Outcome: Appeal allowed to the extent that the Re-Amended Statement of Claim is struck out and the action dismissed as against the 2nd defendant; all other orders of the master (dismissal of striking out application against the 1st defendant, joinder of Chan and BCHK as 3rd and 4th defendants, and leave to amend) are upheld.
Cited by 31 cases · Cites 10 cases