Treasure Spot Finance Co Ltd v. Li Chik Ming and Another

HCA 5387/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 5387 OF 2001

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BETWEEN

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Before : Mr Recorder P Fung, SC in Court

Date of Hearing : 26 October 2007

Date of Ruling : 26 October 2007

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R U L I N G

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1.This is an application by Mr Pow SC on behalf of the 1^st Defendant to recall two witnesses of the Plaintiff for cross-examination, namely, Mr Danny Yu and Mr Kenneth Woo, who already gave evidence for the Plaintiff previously.  Both witnesses are not here in court and Mr Ng SC, Counsel for the Plaintiff, does not know whether Mr Woo would be available to give evidence because it is only in court this morning that he has been made aware of the wish on the part of Mr Pow to cross-examine Mr Woo. 

2.The evidence in the case had finished a long time ago and in fact certain witnesses including Mr Woo had been recalled to give evidence.  There must be finality in litigation.  I am not convinced that the circumstances in the present case are so exceptional that I should exercise my discretion to have the case re-opened by allowing further evidence to be adduced either in chief or in cross-examination.  Furthermore in none of the cases cited by Mr Pow in support of his argument about the exercise of the discretion of the court under sections 18 and 22 of the Money Lenders Ordinance Cap. 163 was there any recalling of witnesses to give evidence in relation to the issue of exercise of the discretion by the court.  In the circumstances the application by Mr Pow is not acceded to.  

Mr Peter Ng, SC and Ms Grace Chow, instructed by Messrs Jackie Cheung & Co., for the Plaintiff

Mr Jason Pow, SC and Miss Eling Lee, instructed by Messrs Woo, Kwan, Lee & Lo, for the 1^st Defendant

The 2^nd Defendant, in person, absent