Chan Siu Lun v. Hui Cho Yee and Another

FAMV000030A/1999

(Not for circulation)
FAMV No. 30 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 30 OF 1999 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 171 OF 1999)

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Appeal Committee: Chief Justice Li, Mr Justice Litton PJ and Mr Justice Bokhary PJ and

Date of Hearing: 28 July 2000

Date of Determination: 28 July 2000

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

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Mr Justice Litton PJ:

1. This application for leave to appeal to the Court of Final Appeal was dismissed by the Appeal Committee on 19 January 2000. The Appeal Committee in giving its determination said that the applicant was legally represented at the first trial. That was a mistake. In fact he was in person.

2. Complaining of that mistake and raising other matters as well, the applicant seeks in effect a reconsideration of his leave application.

3. In the light of that mistake, this leave application has been re-listed. We have heard the applicant's further submissions. The mistake made no difference whatsoever to the result.

4. The applicant also says that he had obtained judgment against only the 2nd defendant even though the Appeal Committee said in giving its determination that he had obtained judgment against both defendants. It would make no difference whatsoever to the result even if he had obtained judgment against only the 2nd defendant. As it happens, however, the judgment which he obtained was against both defendants, just as the Appeal Committee said. This is accepted before us by counsel for both respondents i.e. the 1st and 2nd defendants at trial.

5. There is no basis for re-opening the application. It stands dismissed. No order as to costs. That concludes these proceedings.

Representation:

Mr CHAN Siu-lun, the applicant in person

Mr LAW Man-chung (instructed by Messrs T.S. Tong & Co.) for the respondents