To Hin Cheung and Others v. All Occupier(S) of a Portion of Lot No 240 in Demarcation District No.128, Yuen Long, New Territories, Hong Kong and Another

DCMP 1288/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 1288 OF 2011

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DECISION

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1.By summons dated 11 November 2013, the 2^nd defendant applies for a stay of execution on my judgment herein dated 16 April 2013, pending his application to the Court of Final Appeal for leave to appeal against my said judgment.

2.The 2^nd defendant had previously applied to the Court of Appeal for leave to appeal against my said judgment in HCMP 1692/2013.  By the decision dated 21 August 2013, the Court of Appeal refused leave to appeal and made a further order under Order 59, rule 2A(8) of the Rules of the High Court that no party may under rule 2A(7) request the determination to be reconsidered at an oral hearing inter partes.

3.Section 63B of the District Court Ordinance, Cap 336 provides that no appeal lies from a decision of the Court of Appeal as to whether or not leave to appeal to it should be granted.  Practice Note P4/63B/1 at page 289 of the Hong Kong Civil Procedure 2013, Volume 3 states that the refusal of permission is, effectively, the end of the road.  If both the lower court and the Court of Appeal refuse permission to appeal, it is not possible to appeal to a higher court (for example, the Court of Final Appeal) against that refusal of permission.

4.In the circumstances, the application by the 2^nd defendant is clearly misconceived and is accordingly dismissed.

Ms Jacqueline Lam, instructed by Kelvin Cheung & Co, for the plaintiffs

The 2^nd defendant appeared in person