XCHRX DR. PAUL KI PING KI v. NEXT MAGAZINE and Others

1996, No. MP 3597

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

MISCELLANEOUS PROCEEDINGS

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J U D G M E N T

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1. This is an application for leave to apply for judicial review. The Applicant, Dr. Paul KI Ping-ki was the Plaintiff in a defamation action. The action was tried by Mr. Justice Cheung. He handed down judgment on 14th June 1996, he dismissed the Applicant's claim and gave judgment for the Defendants.

2. The Applicant filed a notice of appeal to the Court of Appeal. He was ordered to provide security for the Defendants' costs of the appeal. He did not provide a security for those costs and his appeal to the Court of Appeal was dismissed for that reason. The application for leave to apply for judicial review was filed on 17th October 1996. The decision challenged is Mr. Justice Cheung's dismissal of the Applicant's claim, however, no challenge can be mounted by way of judicial review against Mr. Justice Cheung's judgment. That is because the High Court's supervisory jurisdiction does not extend to actions heard in the High Court. For that reason leave to apply for judicial review must be refused.