Yuen Oi Yee Lisa v. Secretary for Justice

HCMP 1465 /2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1465 OF 2010

(ON AN INTENDED APPEAL FROM HCMP NO. 2390 OF 2008)

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BETWEEN

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Before: Hon Rogers VP and Le Pichon JA

Date of Decision: 17 August 2010

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D E C I S I O N

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Hon Rogers VP:

1.The applicant, Madam Yuen Oi Yee Lisa, has applied to appeal that part of the order of 28 July 2010 made by Madam Justice Chu which dismissed her application for leave to appeal the refusal of her application for:

“(2) Leave to put back the affidavit of Mr Tony Boulton made for this application dated 6^th November, 2008 to be tried together by Justice Chu on 24^th and 25^th August 2010.

(3) Leave to consider the false witness statement made by Mr Tony Boulton to the Sydney Police on 6^th November, 2008 in conjunction with the above.”

2.It is not open to the applicant to compel the respondent to this application, the applicant in the contempt proceedings, to rely on any specific evidence.  Mr Boulton’s evidence has been ruled inadmissible.  If the applicant, Madam Yuen wishes to call evidence that she may do, subject to questions of relevance and admissibility, but she cannot compel the complainant in this case to rely on any specific evidence.

3.I would therefore dismiss this application for leave to appeal and would make an order under Order 59 rule 2A(8) that since this application is totally without merit, no party may request the determination to be reconsidered at an oral hearing inter partes.  I would make an order nisi that the costs of this application be to the respondent to this application.

Hon Le Pichon JA:

4.I agree.