Peter Po Fun Chan v. Hong Kong Society of Accountants

CACV299/2003 & CACV87/2004

CACV299/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 299 OF 2003

(ON APPEAL FROM THE DISCIPLINARY ORDER DATED 15 SEPTEMBER 2003
BY THE DISCIPLINARY COMMITTEE CONSTITUTED
BY THE HONG KONG SOCIETY OF ACCOUNTANTS
UNDER SECTION 33(3) OF THE PROFESSIONAL ACCOUNTANTS ORDINANCE, CAP. 50)

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BETWEEN

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CACV87/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 87 OF 2004

(ON APPEAL FROM HCA NO. 3059 OF 2003)

_______________________

BETWEEN

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Before: Hon Rogers VP, Le Pichon JA and Stone J in Court

Date of Hearing: 22 April 2005

Date of Judgment: 22 April 2005

J U D G M E N T

Hon Rogers VP: 

1.These are applications for leave to appeal to the Court of Final Appeal in two cases which were heard together by this Court. 

2.As regards CACV299 of 2003, the points sought to be raised have been dealt with in the judgments of this Court.  As pointed out in those judgments, many of the points now sought to be raised were pertinent in the earlier case reported in [2001] 1 HKLR 779.  Mr Chan has made wide-ranging submissions, both in writing and orally, but I regret I can see no question of great general or public importance which would merit this Court granting leave to appeal.

3.In relation to CACV87 of 2004, again, the matters sought to be raised have been dealt with in the judgments of this Court.  The appeal to this Court was the second appeal and, to date now, three courts have held that the plaintiff has no case fit for trial.  I see no ground for granting leave to appeal.

4.Underlying the applicant’s discontent with the various judgments is the applicant’s sense of grievance because papers have been, at least, secretly copied from his files and sent under cover of anonymous letters.  That in itself does not create any ground for leave to appeal.  We have been shown a copy of the petition which has been sent to the Acting Chief Executive, but that is a matter which has to take its own course.

Hon Le Pichon JA:

5.I agree.

Hon Stone J:

6.I also agree.

The Appellant/Applicant in CACV299/2003 and Plaintiff /Applicant in CACV87/2004, in person

Mr Jonathan Harris, instructed by Messrs Johnson, Stokes & Master, for the Respondent/Respondent in CACV299/2003

Mr Jonathan Harris, instructed by Messrs Simmons & Simmons, for the Defendant/Respondent in CACV87/2004