Tse Jeekeen v. "H.K. Alliance in Support of Patriotic Democratic Movement of China" & Its Chairman Mr. Szeto Wah and Others

Case No.FAMV 3/2001
Court
FAMV
Date28 Mar 2001
JudgeChief Justice Li, Mr Justice Chan PJ, Mr Justice Ribeiro PJ
Case Document
100%

FAMV000003/2001

FAMV No. 3 of 2001

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 3 OF 2001 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 246 OF 2000)

_______________

Between
TSE JEEKEEN Applicant
AND
1) "H.K. ALLIANCE IN SUPPORT OF PATRIOTIC DEMOCRATIC MOVEMENT OF CHINA" & ITS CHAIRMAN MR. SZETO WAH Respondents
2) "H.K. DEMOCRATIC PARTY" & ITS CHAIRMAN MR. LEE CHUI MING (MARTIN)
3) MR. CHEUNG MAN KONG, PRESIDENT OF "THE HONG KONG PROFESSIONAL TEACHERS' UNION"
4) "APRIL 5 ACTION" & ITS LEADER MR. LEUNG KWOK HUNG

_______________

Appeal Committee: Chief Justice Li, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 28 March 2001

Date of Determination: 28 March 2001

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D E T E R M I N A T I O N

_________________________

Mr Justice Chan PJ :

1. This is the third time the applicant commenced proceedings against the same defendants on the same or similar grounds, his two previous actions having been struck out for lack of any reasonable cause of action. The present action was similarly struck out and this is the third time he reaches this Court.

2. The judges in the lower courts had rightly stopped the action from proceeding further. There is absolutely no merit in this application which must be dismissed with costs.

3. We would take this opportunity to remind the applicant of the order made by Chung J against him that he is prohibited from commencing any new proceeding in respect of the same subject matter against the same defendants without the leave of the Court.

(Andrew Li) (Patrick Chan) (R.A.V. Ribeiro)
Chief Justice Permanent Judge Permanent Judge

Representation:

Applicant in person

Mr Y.L. Cheung (instructed by Messrs Ho, Tse, Wai & Partners) for the respondents