CHAN CHEE TSENG CHRISTOPHER AND ANOTHER v. CHAN HON TAI JASON

DCCJ6578/2019

[2020] HKDC 66

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 6578 OF 2019

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DECISION

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1.  This is the plaintiffs’ application for an injunction to restrain the defendant from further acts of nuisance, intimidation and harassment against them.

2.  The defendant is absent.  I am satisfied by the affirmation of service that he has been served with the papers and notified of the hearing.

3.  The background of this case is set out fully in the supporting affirmation of the 1^st plaintiff and summarised in Mr Cheung’s skeleton submissions.

4.  In gist, the plaintiffs are the defendant’s parents.  The defendant is addicted to gambling and has developed impulse control problems, and he requires specialist psychiatric care.

5.  Recently, the defendant has become more and more violent. 

6.  On 28 November last year, the defendant assaulted the plaintiffs at their home in Villa Monte Rosa.  The injuries suffered by the plaintiffs were well documented and the matter was reported to the police.  Out of love and affection, the plaintiffs halted the criminal prosecution and the defendant was bound over by the magistrate.

7.  Since then, the plaintiffs have arranged for the defendant to live apart from them and rented an accommodation for him in Happy Valley.

8.  Despite all that, the defendant continued to demand monies from the plaintiffs by phone calls and by text messages, often with foul language and threats.  The plaintiffs have exhibited examples in Exhibits CC-5 and CC-6 of the supporting affirmation.

9.  On 22 November this year, the defendant attempted to enter Villa Monte Rosa but was stopped by the management staff and police were summoned to the scene.

10.  Mr Cheung has framed the plaintiffs’ claim against the defendant based on the tort of private nuisance in relation to their use and enjoyment of their residence at Villa Monte Rosa, the tort of intimidation and the tort of harassment.  He has very properly addressed me on the current uncertain state of the law of tort of harassment in Hong Kong.  It is at least arguable that such a tort exists in Hong Kong. 

11.  Based on the supporting affirmation and the submissions of Mr Cheung, I am satisfied that there is a serious question to be tried in this case. 

12.  The balance of convenience clearly lies in favour of granting an injunction.  The injunction will hopefully bring some comfort and security to the plaintiffs, which are not matters that can be adequately compensated by a post-judgment award of damages.  On the other hand, there is no evidence that the defendant will suffer any prejudice, let alone irreparable damage, by the injunction.

13.  All in all, I am satisfied that it is just and convenient to grant an interim injunction to protect the plaintiffs from the defendant.