YUEN OI YEE LISA v. CHAROEN SIRIVADHANABHAKDI AND OTHERS

HCMP 1/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 1OF 2017

(ON AN INTENDED APPEAL FROM DCCJ NO 1914 of 2015)

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JUDGMENT

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Hon Chu JA (giving the Judgment of the Court):

1.  By our judgment handed down on 3 March 2017, we refused the plaintiff’s application for leave to appeal against the decision of Acting Chief District Court Judge Ko made on 5 December 2016 refusing her leave to commence proceedings.

2.  By a Notice of Motion filed on 31 March 2017, the plaintiff applies for leave to appeal to Court of Final Appeal against our judgment.

3.  Section 14AB of High Court Ordinance, Cap. 4 provides: “No appeal lies from a decision of the Court of Appeal as to whether or not leave to appeal to it should be granted.”

4.  Accordingly, no appeal can lie from our refusal to grant leave to appeal against Judge Ko’s decision. The plaintiff’s Notice of Motion is liable to be dismissed.  And we so order.