HOONG CHIU KAI v. WAI YIP DISPENSARY LTD

HCMP 2054/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 2054 OF 2003

(ON AN INTENDED APPEAL FROM HCA NO. 3225 OF 2002)

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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 to the Court of Final Appeal. It is a most unusual application because the matter in respect of which leave is sought was a decision of this Court, handed down on 30 May, in respect of an application for leave to appeal out of time to this Court. That application was heard on 21 May. At the hearing of that application, this Court, in due consideration for Mr Chua who is a litigant in person, took time to explain, hopefully in simple language, the fallacy of his approach. This was followed by the judgment where the application for leave to appeal to this Court was refused because there was simply no basis for Mr Chua's appeal.

2. Now Mr Chua comes again. This time for leave to appeal that decision to the Court of Final Appeal. It would be most extraordinary for this Court to give leave to appeal to the Court of Final Appeal from a decision refusing leave to appeal to this Court. In these circumstances, all I can say is that, in so far as Mr Chua's submissions are comprehensible, they clearly fall so outside the established principles of law that there is no way in which this Court could give any such leave.

Hon Le Pichon JA:

3. I agree.