Re Choy Bing Wing

HCB 12343/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. 12343 OF 2009

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RE:  CHOY BING WING

EX PARTE:  DIRECTOR OF HOUSING DEPARTMENT OF THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION                    

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D E C I S I O N

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1.This is the judgment debtor’s (“JD”) application for leave to appeal against the decision of this court dated 3 October 2013 (“Decision”).

2.By the Decision, an order made by Master Lo (“Order”) for the further conduct of a charging order application against JD was upheld. As pointed out in the Decision, the Order is administrative in nature and does not preclude JD from having his arguments ventilated.

3.I do not begin to see any valid ground for the intended appeal.  The “important questions on points of law” contained in the Summons dated 11 October 2013 and JD’s letter to the court dated 9 December 2013 are quite irrelevant and very difficult to understand.  Questions (a) and (d) set out in the Summons are also scandalous.

4.In his submissions to the court, JD was much pre-occupied with obtaining the transcripts of the previous hearings before this court.  It is clear that he is labouring under a misguided sense of injustice.  All the hearings involving JD before this court were open to the public.  JD’s application for transcript in another proceedings, HCMP 260/2013, has been approved by the court.  However, the transcript has not been released because of his refusal to agree to an undertaking on the proper use of the same.  JD is not entitled to special treatment in this regard, and the failure to obtain the transcript is a matter of his own making.

5.As regards his application for the transcript of the hearing in these matters on 25 September 2013, there is simply no proper ground in support of the same.  It was an entirely unmeritorious appeal in respect of the Order.

6.For these reasons, this application is dismissed with costs against JD, which are summarily assessed at HK$19,100.40 as per the judgment creditor’s statement of costs dated 10 December 2013.

Ms Venna Cheng, of Mayer Brown JSM, for the judgment creditor

The judgment debtor appeared in person