Secretary for Justice v. Security Centre Ltd

DCCJ3379/2007

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 3379 OF 2007

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BETWEEN

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Before: H H Judge Chow in Court

Date of Hearing: 9 December 2008

Date of Judgment: 9 December 2008

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J U D G M E N T

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1.In 2004, the Defendant made tenders for various contracts as listed out in annexes 1A to 1C of the Plaintiff’s witness, Mr Fu Wan-man’s witness statement from the Leisure and Cultural Services Department (“the department”) of the Hong Kong Special Administrative Region Government to provide security guard services for various venues managed by the department. 

2.The Defendant agreed to be bound by terms stated in documents of the tenders once the tenders were accepted.  The Defendant’s tenders were accepted by the department.  There were a total of four contracts entered between the Defendant and the department.  The contracts prohibited assigning or disposing of or transferring the contracts to a third party without the government’s consent.

3.On 27 May 2008, interlocutory judgment was entered against the Defendant.  What this court has to do today is to assess the damages occasioned by the breach of contract made by the Defendant.  I accept the evidence of Mr Fu Wan-man.  In total, I find that the damages suffered by the defendant as presented by the Plaintiff are the damages as detailed in the evidence of Mr Fu in the total sum of $383,262.55.  After deducting the monthly payments held by the department in the sum of $52,575.17, the Defendant still owes the Plaintiff representing the department the sum of $330,687.38.

4.I order that the Defendant to pay to the Plaintiff within 14 days from today the sum of $330,687.38 with interests thereon at judgment rate commencing from 31 July 2007, until satisfaction.

(Discussion re costs)

5.I order that the Defendant do pay costs of these proceedings relating to the assessment of damages to the Plaintiff, to be taxed, if not agreed.

Mr H S Li, GC of the Department of Justice, for the Plaintiff

Defendant, in person, absent