Wang Chi Kien v. Shei Tai Sheng Enterprises (Holdings) Ltd and Another

HCMP001910A/2003

HCMP 1910/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1910 OF 2003

(ON APPEAL FROM HCMP No. 3068 of 1996)

Coram: Hon Cheung JA and Hon Yeung JA in Court

Date of Hearing: 25 March 2004

Date of Judgment: 31 March 2004

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J U D G M E N T

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Hon Cheung JA (giving judgment of the court) :

1.On 19 December 2003 we dismissed the appeal by Mr. Wang Wen Chin ('Mr. W. C. Wang') against the decision of Yuen JA sitting as a single judge of the Court of Appeal.

2.Mr. W. C. Wang now applies for leave to appeal against our decision to the Court of Final Appeal.

3.Section 22(1)(a) of the Court of Final Appeal Ordinance provides that a party has the right of appeal to the Court of Final Appeal against a final judgment of the Court of Appeal in any civil matter where the matter in dispute on the appeal amounts to or is in the value of $1 million or more. Under Section 22(1)(b), the Court of Appeal may grant leave to appeal where the question involves matters of great general or public importance or otherwise ought to be submitted to the Court of Final Appeal for decision.

4.In this case Mr. W. C. Wang does not have an automatic right of appeal. The judgment that Mr. W C Wang seeks to challenge was not a final judgment. Yuen JA refused to grant extension of time to Mr. W. C. Wang to appeal against the decision of Kwan J. We agreed with the decision of Yuen JA.

5.Furthermore, Mr. W. C. Wang has not identified any issue of great general or public importance or otherwise should be considered by the Court of Final Appeal. He merely repeats that his brother Mr. Wang Wen Chin had practised a fraud on him. He submits that the Hong Kong courts should investigate the decisions of the Mainland courts since the case is concerned with events that took place in China.

6.Accordingly, we will refuse to grant leave to Mr. W. C. Wang to appeal to the Court of Final Appeal. Mr. W. C. Wang is ordered to pay the costs of the application to Mr. Wang Chi Kien.

Representation:

Mr. Gary Fung, instructed by M/s K. M. Lai & Li, for the applicant

Intended 2nd Respondent, in person, present