HO PO CHU v. EDUCATION DEPARTMENT

FAMV000020/1999

FAMV No. 20 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 20 OF 1999 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HIGH COURT MISCELLANEOUS PROCEEDINGS NO. 3709 OF 1999)

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Between:
HO PO CHU Applicant
AND
EDUCATION DEPARTMENT Respondent

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Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Nazareth NPJ

Date of Hearing: 3 November 1999

Date of Determination: 3 November 1999

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DETERMINATION

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Mr Justice Litton PJ:

1. This is the determination of the Appeal Committee.

2. By a writ dated 13 May 1998 the applicant sued the Education Department for damages. The statement of claim indorsed in the writdisclosed no cause of action. It was accordingly struck out and the action dismissed by the Master on 6 November 1998. Since thenthe applicant has appealed first to the Court of First Instance and then to the Court of Appeal where the motion was out of time.She failed at every step and now seeks leave to take the matter to the Court of Final Appeal.

3. The reasons for striking out the applicant’s statement of claim have been sufficiently stated by the Courts below. There is no meritin the application. It is dismissed with costs.

(Henry Litton) (Charles Ching) (G.P. Nazareth)
Permanent Judge Permanent Judge Non-Permanent Judge

Representation:

Applicant, Madam Ho Po Chu, in person

Ms Jenny Fung SGC of Department of Justice for the Respondent