CITIBANK (HONG KONG) LTD v. SHUM YUET MEI

HCMP 1832/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1832 OF 2005

(ON APPEAL FROM DCCJ NO. 5003 and DCCJ 5004 OF 2004)

________________

DCCJ 5003/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 5003 OF 2004

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BETWEEN

  CITIBANK (HONG KONG) LIMITED Plaintiff
  and  
  SHUM YUET MEI (Applicant)
Defendant

_________________

DCCJ 5004/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 5004 OF 2004

________________

BETWEEN

  CITIBANK (HONG KONG) LIMITED Plaintiff
  and  
  CHOW CHI LIT SIMON (Applicant)
Defendant

________________

Before: Hon Yeung & Yuen JJA in Court

Date of Hearing: 21 June 2006

Date of Judgment: 21 June 2006

Date of handing down Reasons for Judgment: 30 June 2006

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Reasons For Judgment

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Hon Yeung JA (giving reasons for judgment of the Court):

1. On 24 March 2006, we refused to grant leave to the applicants to appeal against the decision of District Court Judge Marlene Ng.

2. The applicants now seek leave to appeal to the Court of Final Appeal.

3. “There is no appeal against the grant or refusal of leave to appeal by the full court or the Court of Appeal constituted by twojustices of appeal. . .” (See para. 59/14/22 Hong Kong Civil Procedure 2006)

4. In HLF v MTC & LHN (Intervener) (2004) 7 HKCFAR 167 at p 177, the Court of Final Appeal states:

“Subject to a constitutional challenge, no appeal lies to the Court of Final Appeal from a refusal by the Court of Appeal to grantleave to appeal to that intermediate tribunal..”

5. The applicants have not raised any constitutional challenge nor is there any basis for any such challenge.

6. Our decision of 24 March 2006 is a final decision and cannot be challenged any further.

7. The application for leave to appeal to the Court of Final Appeal must be refused.

(W Yeung)
Justice of Appeal
(Maria Yuen)
Justice of Appeal

Applicant in DCCJ 5003/2004: In person, Present.

Applicant in DCCJ 5004/2004: In person, Present.