TANG SING YU AND OTHERS v. TANG TAT KWONG AND OTHERS

cacv 361/2004

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 361 of 2004

(on appeal from HCMP NO. 1466 of 1999)

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D E C I S I O N

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1.  I have read the application in this case and I have read all the papers in this case and I do not see how I can allow this application for stay of execution for a large number of reasons. 

2.  Until this application, the Defendant was represented by lawyers and I can only assume that everything was put before the Court which should have been put before the Court.  In those circumstances, I can see no ground for leave to appeal now to the Court of Final Appeal but, apart from that, I do not see that an application has yet been made for leave to appeal to the Court of Final Appeal.  There is a draft application before me but I do not see that a date has yet been fixed.  That is, however, one of the documents which I did consider and I do not now see how those are viable grounds of appeal to the Court of Final Appeal. 

3.  So my view remains the same, that I do not see at the moment that there is a viable appeal to the Court of Final Appeal.  Hence, I regret that I cannot see it would be right for me to grant any extension of time. 

(Discussion as to costs)

4.  I shall make an order for costs to the Plaintiff.