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FAMV000003/2001
FAMV No. 3 of 2001
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 3 OF 2001 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 246 OF 2000)
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TSE JEEKEEN |
Applicant |
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AND |
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| 1) |
"H.K. ALLIANCE IN SUPPORT OF PATRIOTIC DEMOCRATIC MOVEMENT OF CHINA" & ITS CHAIRMAN MR. SZETO WAH |
Respondents |
| 2) |
"H.K. DEMOCRATIC PARTY" & ITS CHAIRMAN MR. LEE CHUI MING (MARTIN) |
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| 3) |
MR. CHEUNG MAN KONG, PRESIDENT OF "THE HONG KONG PROFESSIONAL TEACHERS' UNION" |
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| 4) |
"APRIL 5 ACTION" & ITS LEADER MR. LEUNG KWOK HUNG |
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Appeal Committee: Chief Justice Li, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 28 March 2001
Date of Determination: 28 March 2001
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D E T E R M I N A T I O N
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Mr Justice Chan PJ :
1. This is the third time the applicant commenced proceedings against the same defendants on the same or similar grounds, his two previous actions having been struck out for lack of any reasonable cause of action. The present action was similarly struck out and this is the third time he reaches this Court.
2. The judges in the lower courts had rightly stopped the action from proceeding further. There is absolutely no merit in this application which must be dismissed with costs.
3. We would take this opportunity to remind the applicant of the order made by Chung J against him that he is prohibited from commencing any new proceeding in respect of the same subject matter against the same defendants without the leave of the Court.
| (Andrew Li) |
(Patrick Chan) |
(R.A.V. Ribeiro) |
| Chief Justice |
Permanent Judge |
Permanent Judge |
Representation:
Applicant in person
Mr Y.L. Cheung (instructed by Messrs Ho, Tse, Wai & Partners) for the respondents
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