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FAMV000029/1999
FAMV No. 28 of 1999
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 28 OF 1999 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV No. 186 OF 1999)
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CHENG YIN FONG |
Applicant |
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AND |
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WAH KEE VEGETABLES OF STALL NO. 57, ON TING ESTATE MARKET, TUEN MUN |
Respondent |
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And
FAMV No. 29 of 1999
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 29 OF 1999 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV No. 184 OF 1999)
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CHENG YIN FONG |
Applicant |
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AND |
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ON TING NEWSPAPERS STALL OF STALL NO. 1, ON TING ESTATE MARKET, TUEN MUN |
Respondent |
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Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Bokhary PJ
Date of Hearing: 27 January 2000
Date of Determination: 27 January 2000
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DETERMINATION
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Mr Justice Litton PJ:
1. This is the determination of the Appeal Committee.
2. There are two applications before us for leave to appeal to the Court of Final Appeal. They relate to actions instituted by the applicant for damages based upon identical complaints: In one, the defendant is "On Ting Estate Market Shop No. 57" and in the other it is "On Ting Estate Market Shop No. 1". The occupiers of those two shop units were men. The applicant's grievance is that those men frequently had their upper bodies exposed, and on occasions used foul language.
3. The applicant's writs were struck out as disclosing no cause of action. Her subsequent appeals to the Court of Appeal were dismissed. Rightly so. The applicant has put forward no facts to sustain a cause of action known to the law.
4. The applications for leave to appeal are dismissed.
| (Henry Litton) |
(Charles Ching) |
(Kemal Bokhary) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Representation:
Applicant, Ms CHENG Yin-fong, in person
Mr LAW Hau-chung represents the Respondent in FAMV 28 of 1999, in person
Mr LAU Kwok-keung represents the Respondent in FAMV 29 of 1999, in person
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