Yuen Oi Yee Lisa v. Secretary for Justice

HCMP 1784 /2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1784 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: 12 October 2010

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Hon Rogers VP:

1.This is an application for leave to appeal. The judge below refused to make the following order namely:

“To publish an apology notice on the South China Morning Post, Apple Daily and Oriental News or withdraw HCMP 2390/08.”

2.It is not clear whether the applicant seeks the publication of an apology or simply the withdrawal of the proceedings.  In either case, the relief so sought by the applicant is not a relief which this court could grant.  The application is therefore refused.

3.In the circumstances, I would refuse this application for leave to appeal and 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.  In view of the absurd nature of the relief requested I consider that the cost of resisting it should have been minimal, I would therefore make no order as to costs.

Hon Le Pichon JA:

4.I agree.