Ho Kam Yuen v. Tung Chee Hwa

Read the full judgment text of FAMV 16/2000 on BabelCite. This FAMV judgment was delivered on 7 July 2000 before Mr Justice Litton PJ, Mr Justice Bokhary PJ and Mr Justice Silke NPJ.

1. The Master struck out the applicant's Statement of Claim and dismissed his action against the respondent. The Judge affirmed the Master's decision. The Court of Appeal affirmed the Judge's decision. They all took the view that the applicant had no cause of action against the respondent. There is no reasonable prospect of the Court of Final Appeal taking a different view. The application is dismissed.

Outcome: Application for leave to appeal dismissed.

Case No.FAMV 16/2000
Court
FAMV
Date07 Jul 2000
JudgeMr Justice Litton PJ, Mr Justice Bokhary PJ and Mr Justice Silke NPJ
Case Document
100%Judiciary

FAMV000016/2000

(Not for Circulation)
FAMV No. 16 of 2000

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 16 OF 2000 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 315 OF 1999)

_____________________

Between:
HO KAM YUEN Applicant
AND
TUNG CHEE HWA Respondent

_____________________

Appeal Committee: Mr Justice Litton PJ, Mr Justice Bokhary PJ and Mr Justice Silke NPJ

Date of Hearing: 7 July 2000

Date of Determination: 7 July 2000

_____________________________

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

_____________________________

Mr Justice Litton PJ:

1. The Master struck out the applicant's Statement of Claim and dismissed his action against the respondent. The Judge affirmed the Master's decision. The Court of Appeal affirmed the Judge's decision. They all took the view that the applicant had no cause of action against the respondent. There is no reasonable prospect of the Court of Final Appeal taking a different view. The application is dismissed.

(Henry Litton) (Kemal Bokhary) (William Silke)
Permanent Judge

Permanent Judge

Non-Permanent Judge

Representation:

Mr Ho Kam Yuen, the Applicant, in person

Miss Jenny Fung SGC (of Department of Justice) for the Respondent