Yick Ming Kit v. Securities and Futures Commission

HCMP 190/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 190 OF 2007

(ON APPEAL FROM HCA NO. 861 OF 2006)

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BETWEEN

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Before:  Hon Yeung JA in Chambers (Open to Public)

Date of Hearing:  13 February 2007

Date of Decision:  13 February 2007

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DECISION

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1.This is an application by the plaintiff for an extension of time to appeal against the order of Deputy Judge Poon (“as he then was”) made on 3 October 2006.

2.I have considered the plaintiff’s stance and his explanation for the delay in his application.

3.Irrespective of the causes of the delay, Deputy High Court Judge Poon decided that the plaintiff’s claims against the Securities and Futures Commission have no chance of success.

4.I have considered carefully the decision of Deputy Judge Poon and I agree with his reasons. The grounds of appeal put forward by the plaintiff have no relevance to the issues involved in his claims and certainly do not constitute any valid ground for upsetting Deputy Judge Poon’s decision.

5.The plaintiff’s complaints against the Securities and Futures Commission that it was not entitled to engage a law firm to act for it in an earlier action are unfound, are not actionable and certainly do not constitute a valid cause of action. The decision to strike out his claim is perfectly justified.

6.I therefore reject the plaintiff’s application for extension of time to appeal. I also order the plaintiff to pay the costs of the application to be taxed on a party and party basis, such costs to exclude the costs of the translation of any document.

Plaintiff: In person.

Ms Donna Wacker of Messrs Clifford Chance for the Defendant.