in the high court of the
hong kong special administrative region
court of appeal
civil appeal no. 207 of 2008
(on appeal from HCA NO. 2742 of 2006)
Before: Hon Rogers VP in Chambers
Date of Hearing: 17 September 2008
Date of Decision: 17 September 2008
D E C I S I O N
1. This is an application by Miss Lisa Yuen Oi-yee. It is entitled in CACV 207 of 2008 and it relates to High Court Action 2742 of2006.
2. Miss Yuen has had a number of actions centred around the defendant in this case and also his sister and, in respect of other mattersas well which I need not deal with at the moment. There have been many applications and there have been a number of cases. At theroot of it, Miss Yuen has been made bankrupt but those actions, which are still going on, have been transferred to the District Court. Miss Yuen is unhappy about that but there is nothing that we see that we should do about it.
3. Last year in other actions which were CACV 325 of 2006 and CACV 436 of 2006 – that related to an appeal from High Court Actions509 of 2004 and 96 of 2005 – I made the following order. The order commenced:
and that is Miss Lisa Yuen
4. The material part of the order was, first, that the appeal be dismissed; and:
5. In making that order, I repeated, word for word, what was in subparagraphs (a) and (b) of paragraph 16 of the practice directionat 11.3. The opening words of that paragraph 16 are headed “Power of Court of Appeal to Restrict Abuse of Appellate Process”.
and then there comes the material part which is in the same words as the order which I made.
6. The effect of the order that I made is quite simply this: that Miss Yuen should not bring any appeals at all, whether in this caseor any other case except with leave of a judge who made that order against which it is intended to bring an appeal.
7. That is my understanding of the order and there seems to have been some confusion about it but, in any event, if I am wrong aboutmy understanding, I am afraid somebody else is going to have to correct it because that is my understanding and my understandingis that there should be no further appeals unless the judge below gives specific leave to bring an appeal.
8. Miss Yuen has brought this application on this occasion because appeals have been allowed to be brought but, in my view, that iswrong. I made that order on 14 February 2007 and, as far as I am concerned, it remains in force.
The Plaintiff/Appellant in person