XCHRX TSE JEEKEEN v. H.K. ALLIANCE IN SUPPORT OF PATRIOTIC MOVEMENT OF CHINA and Others

1997, No.A13938

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

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J U D G M E N T

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1. The Defendants succeeded in striking out the Plaintiff's Statement of Claim before the Master. The Plaintiff now appeals against that decision.

2. In the Statement of Claim, it is pleaded that "The Plaintiff hereby charges the Defendants slandering the Central Government and its leaders inciting the public against the Central Government and it leaders' attempt (including advocacy) to overflow the Central Government and treasonable links to foreign powers. The relief sought by the Plaintiff is that :

(1) he asked the Court to annul the business or organisational registration of the 1st and 4th Defendants;

(2) he asked the Court to order the Defendants to make a public apology to the Central Government; and

(3) payment of punitive compensation to the Plaintiff.

3. The action is obviously misconceived. Even if, for the purpose of an striking out application, the allegations contained in the Statement of Claim are treated as true, the proper person to lodge the complaint is not the Plaintiff. He has failed to show that he has the standing to bring these proceedings.

4. The remedies he asked for are likewise not available to him. The Statement of Claim discloses no reasonable cause of action and the Master is correct in striking out the Statement of Claim. Accordingly the appeal is dismissed with costs to the Defendants.