IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO. 1514 OF 2014
(ON AN INTENDED APPEAL FROM FCMC NO. 19025 OF 2012)
Before: Hon Chu JA in Chambers
Date of Decision: 17 October 2014
1. On 23 September 2014, the Court of Appeal (Kwan & Chu JJA) handed down the decision dismissing the respondent’s applicationfor leave to appeal to the Court of Appeal against the judgment of HH Judge Bruno Chan given on 11 February 2014 with costs. TheCourt of Appeal also refused his application to stay the order in the Judgment pending appeal.
2. In the decision, the Court of Appeal indicated that it agrees with the Judge’s decision and his reasons and further gave reasonsfor its conclusion that the respondent’s intended appeal does not have reasonable prospects of success and that there is no otherreason in the interests of justice why the appeal should be heard.
3. The Court of Appeal further ordered under Order 59 rule 2A(8) of The Rules of the High Court, Cap. 4A that no party may under rule2A(7) request the determination to be reconsidered at an oral hearing inter partes.
4. On 15 October 2014, the respondent filed a summons applying for leave to appeal to the Court of Final Appeal against the judgmentof the Judge and the decision of the Court of Appeal.
5. Order 59 rule 2A(8) provides:
6. As a result of the order of 23 September 2014, the respondent cannot request for a reconsideration of his application for leaveto appeal against the Judge’s judgment.
7. Further, section 14AB of the High Court Ordinance, Cap. 4 provides:
8. The decision of the Court of Appeal refusing leave to appeal is therefore final.
9. In the premises, the respondent ought not to have filed the summons. Accordingly, the summons should be struck out. And I so order.
The petitioner represented by Chaine, Chow & Barbara Hung.
The respondent (applicant), unrepresented, acted in person.