CHENG YIN FONG v. ON TING NEWSPAPERS STALL OF STALL NO. 1, ON TING ESTATE MARKET, TUEN MUN

FAMV000029/1999

FAMV No. 28 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 28 OF 1999 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV No. 186 OF 1999)

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Between:
CHENG YIN FONG Applicant
AND
WAH KEE VEGETABLES OF STALL NO. 57, ON TING ESTATE MARKET, TUEN MUN Respondent

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And

FAMV No. 29 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 29 OF 1999 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV No. 184 OF 1999)

_____________________

Between:
CHENG YIN FONG Applicant
AND
ON TING NEWSPAPERS STALL OF STALL NO. 1, ON TING ESTATE MARKET, TUEN MUN Respondent

_____________________

Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Bokhary PJ

Date of Hearing: 27 January 2000

Date of Determination: 27 January 2000

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DETERMINATION

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Mr Justice Litton PJ:

1. This is the determination of the Appeal Committee.

2. There are two applications before us for leave to appeal to the Court of Final Appeal. They relate to actions instituted by the applicantfor damages based upon identical complaints: In one, the defendant is “On Ting Estate Market Shop No. 57″ and in the other it is”On Ting Estate Market Shop No. 1”. The occupiers of those two shop units were men. The applicant’s grievance is that those men frequentlyhad their upper bodies exposed, and on occasions used foul language.

3. The applicant’s writs were struck out as disclosing no cause of action. Her subsequent appeals to the Court of Appeal were dismissed.Rightly so. The applicant has put forward no facts to sustain a cause of action known to the law.

4. The applications for leave to appeal are dismissed.

(Henry Litton) (Charles Ching) (Kemal Bokhary)
Permanent Judge Permanent Judge Permanent Judge

Representation:

Applicant, Ms CHENG Yin-fong, in person

Mr LAW Hau-chung represents the Respondent in FAMV 28 of 1999, in person

Mr LAU Kwok-keung represents the Respondent in FAMV 29 of 1999, in person