Chen Ray v. Tamara Rus and Another

CACV000135A/2001

CACV 135/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 135 OF 2001

(ON APPEAL FROM DISTRICT COURT EQUAL OPPORTUNITIES
ACTION NO. 2 OF 1999)

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Coram: Hon Rogers VP, Le Pichon JA and Stone J in Court

Date of Hearing: 22 March 2002

Date of Judgment: 22 March 2002

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J U D G M E N T

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Hon. Rogers VP:

1.This is an application for leave to appeal from a judgment given by this court on 1 November of last year with the reasons in writing handed down on 8 November. Today, Mr Chen has appeared in person and he applies for leave to appeal to the Court of Final Appeal, both under section 22(1)(a) and under section 22(1)(b) of the Court of Final Appeal Ordinance.

2.In my view, Mr Chen has come nowhere near to establishing the grounds under section 22(1)(a), either that the matter in dispute on the appeal amounts to or is over a value of $1 million, or there is some claim or question to or respecting property or some civil right amounting to or of the value of $1 million or more.

3.The second ground under section 22(1)(b) is that there is a matter of great general or public importance. It suffices to say, in my view, as expressed in the judgment on 8 November, the appeal to this court was hopeless and should never have been brought. I fail to see how the matter can be taken to the Court of Final Appeal.

4.In my view this application has to be dismissed.

Hon. Le Pichon JA:

5.I agree.

Hon. Stone J:

6.I also agree.

Representation:

Mr Ray Chen, the Plaintiff/Applicant in person (present)

Mr Ashley Burns, instructed by Messrs Barlow Lyde & Gilbert, for the 1st Defendant/1st Respondent

Mr Ashley Burns, instructed by Messrs Wilkinson & Grist for the 2nd Defendant/2nd Respondent