CHUN FOO KEUNG v. LAI LING LING

HCMP 797/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 797 OF 2002

(ON AN INTENDED APPEAL FROM FCMC 7268 OF 2000)

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J U D G M E N T

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Hon. Rogers VP:

1. This is an application for leave to appeal a judgment of H.H. Judge Bruno Chan, given on 18 January of this year.

2. There was an application by the respondent to stay the petition. The petitioner had taken out several applications, as recorded by the judge, including striking out the acknowledgement of service filed on behalf of the respondent and for custody.

3. In brief, the petitioner wishes to bring proceedings in Hong Kong, but as the judge has pointed out in his careful and detailed judgment, divorce has already been granted in Singapore and the reasons advanced by the petitioner as to why the declaration of divorce should not be recognised in Hong Kong, in my view, are doomed to failure and correctly failed in the court below. On that basis, that is the end of this application.

4. Before us, the petitioner has raised a number of points, including his personal difficulties, and his personal aversion to taking part in proceedings in Singapore. Those are irrelevant for consideration in this matter because the primary concern is whether the Singapore proceedings were valid; they have been held to be so and I see no basis for disturbing that. This application, therefore, falls to be dismissed.

Hon. Le Pichon JA:

5. I agree.