LAU KWONG HING v. LUK CHI KEUNG AND ANOTHER

HCA 2231/1995

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2231 OF 1995

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D E C I S I O N

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1. The second-named defendant lodged a Notice of Appeal on 4 April 2001 against the Judgment of Waung J dated 7 March 2001. On 4 July 2001, Woo JA ordered (among other things) that the second-named defendant do provide security by paying $70,000.00 into court or by security in that sum in such form and manner as may be approved by the Registrar.

2. By a letter dated 13 July 2001, the second-named defendant offered security by way of a residential unit in Tsing Yi. The said unit is held in the joint names of the 2 defendants. After a hearing on 17 July 2001, the learned Registrar refused to approve the security offered. The second-named defendant lodged a Notice of Appeal on 23 July 2001, apparently under RHC O.58 r.1. This matter is now before me.

3. The first-named defendant has on 11 July 2001 made an application for legal aid. Despite such application, the second-named defendant indicates at this hearing that she has no objection to the continuation of this hearing. I also consider it appropriate to, and did, order this hearing to continue pursuant to section 15(4) of the Legal Aid Ordinance, Cap. 91.

4. I conclude that this appeal is misconceived for the following reasons: -

(1) the learned Registrar's said decision of 17 July 2001 was ministerial or administrative in nature;

(2) in any event, the learned Registrar was exercising a power initially vested in the Court of Appeal and therefore his decision does not fall within the provisions of O.58 which are intended to apply to matters within the powers of the Court of First Instance.

5. For the above reasons, this appeal is dismissed. Without deciding the point, the proper course for the second-named defendant may be to bring the matter back to the Court of Appeal if she considers that there are valid grounds for doing so.