Leung Kit-hing, Doris v. The Magistrate-in-charge of All Case Management Matters At Kowloon City Magistrates’ Courts and Others

Read the full judgment text of CACV 104/2018 on BabelCite. This Court of Appeal judgment was delivered on 10 December 2018 before Lam VP, Chu JA, Poon JA.

Civil procedure – leave to appeal to Court of Final Appeal – requirements under Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 – question of great, general public importance – intended appeal devoid of merits – application refused – notice of motion dismissed

Legal issues: Leave to appeal to Court of Final Appeal

Outcome: Leave to appeal to the Court of Final Appeal refused; notice of motion dismissed.

Cited by 3 cases · Cites 2 cases

Case No.CACV 104/2018[2018] HKCA 919
Court
Court of Appeal
Date10 Dec 2018
JudgeLam VP, Chu JA, Poon JA
Case Document
100%Judiciary

CACV 104/2018

[2018] HKCA 919

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 104 OF 2018

(ON APPEAL FROM HCAL 419/2018)

________________________

BETWEEN    
  LEUNG KIT-HING, DORIS
(Informer, witness of most incident and representative of
majority voters of Mr Leung Chung-hang, Sixtus and
representative of some voters of Ms Yau Wai-ching)
Applicant

and

  The Magistrate-in-charge
of all case management matters
at Kowloon City Magistrates’ Courts
1st Putative
Respondent
  The Acting Principal Magistrate
of Kowloon City Magistrates’ Courts
14 February 2018 – 28 February 2018
2nd Putative
Respondent
  The Magistrate-in-charge of KCCC 2035/2017 3rd Putative
Respondent
  HKSAR – Prosecution 4th Putative
Respondent 
  Defence Counsel for D1 and D2 5th Putative
Respondent

and

  LEUNG CHUNG-HANG, SIXTUS 1st Putative
Interested Party 
  YAU WAI-CHING 2nd Putative
Interested Party 
  YEUNG LAI-HONG 3rd Putative
Interested Party 
  CHUNG SUET-YING 4th Putative
Interested Party 
  CHEUNG TSZ-LUNG 5th Putative
Interested Party

________________________

Before: Hon Lam VP, Chu and Poon JJA in Court

Date of Written Submissions: 10 October 2018

Date of Judgment: 10 December 2018

_______________

JUDGMENT

_______________

Hon Lam VP (giving the Judgment of the Court):

1.We dismissed this appeal on 17 September 2018.

2.By a notice of motion of 26 September 2018, the applicant sought urgent leave to appeal to the Court of Final Appeal.

3.In the Notice of Motion, she did not set out any questions of great, general public importance which ought to be submitted to the Court of Final Appeal.

4.Directions were given by the Registrar for processing the application in accordance with Practice Direction 2.1.

5.We have read the notice of motion and the written submissions lodged by the applicant on 10 October 2018.  Having done so, we cannot discern any question of great, general public importance which ought to be submitted to the Court of Final Appeal.  Nor can we see any other ground to warrant this case to be submitted to that Court for determination.

6.In short, the applicant fails to satisfy us that her intended appeal has features which meet the requirements in Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484.  

7.Further, as explained in our judgment of 17 September 2018, the intended appeal is totally devoid of merits. 

8.For these reasons, we refuse to grant leave and the notice of motion of 26 September 2018 is dismissed accordingly.

(M H Lam) (Carlye Chu) (Jeremy Poon)
Vice President Justice of Appeal Justice of Appeal

The applicant acting in person