Hashimi Habib Halim v. Director of Immigration and Others

HCA 377/2010

[2023] HKCFI 1641

IN THE COMPETITION TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 377 OF 2010

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D E C I S I O N

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1.I have before me applications arising on the pre-trial review of this action which is currently fixed to commence on 11 September 2023 with six days reserved. The Defendants have issued a summons seeking leave to amend the defence, to file a supplemental witness statement of Chan Fong and seven witness statements of new witnesses. This is not very satisfactory. I have, however, allowed the applications.

2.The Plaintiff is acting in person and his claims arise from a period of detention in Correctional Services Department facilities. In short, he complains of mistreatment. The new witness statements are staff employed at those facilities, who it is contended by the Defendants have knowledge of the matters of which the Plaintiff complains.

3.The Plaintiff’s position is that he is not particularly concerned at the introduction of this late evidence as long as he has the opportunity to cross examine the witnesses, which he would obviously have. He has expressed some doubts as to whether or not the Defendants have fully complied with their obligation to disclose certain data including CCTV video footage.

4.I have suggested to him that he writes a letter to the Department of Justice setting out what he believes should be available to him, but which he has not received.

5.I have made fairly conventional directions for the preparation for the trial. In the light of the new witnesses I have extended the trial dates by three days. The Plaintiff will be conducting the trial in English. It would appear likely that most if not all the Defendants’ witnesses will give evidence in Cantonese.

6.I have directed that a Cantonese/English interpreter be available at the trial. The Defendants have agreed to prepare hearing bundles and to add document references to the witness statements to enable of the witness statements to be easily navigated.

7.As the Plaintiff is representing himself and he is not familiar with legal proceedings the trial is, unfortunately, likely to proceed in a rather disjointed and cumbersome manner it would be helpful if the Defendants try and ensure so far as possible that documentation and administrative matters are dealt with efficiently.

The plaintiff is acting in person

Mr Herbert Leung, instructed by Department of Justice, for the 1^st to 3^rd defendants