LEE CHUI YING AND ANOTHER v. CHAN YEE LING ELAINE

CAMP 18/2021

[2021] HKCA 857

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 18 OF 2021

(ON AN INTENDED APPEAL FROM DCPI 1665/2011)

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JUDGMENT

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Hon Lam VP (giving the Judgment of the Court):

1.  This Court handed down our judgment on 1 April 2021 dismissing the Defendant’s application for leave to appeal against the decision of Deputy District Judge Kam KL Cheung in DCPI 1665/2011. The decision of the deputy judge was a decision on costs in accordance with Order 22 Rule 23 of the Rules of the District Court Cap 336H made on 20 March 2019.

2.  The Defendant issued a Notice of Motion on 28 April 2021 seeking leave to appeal against our refusal of leave to the Court of Final Appeal.

3.  On 29 April 2021, the Registrar of Civil Appeals drew attention of the parties to Section 63B of the District Court Ordinance Cap 336 and directed the Defendant to lodge submissions on that section by 13 May 2021.

4.  In the Defendant’s submissions lodged on 14 May 2021, she did not explain why she was able to proceed with the application when the section clearly provides that the refusal of leave by this Court is final.

5.  It is clear that the application in the Notice of Motion is incompetent by reason of Section 63B of the District Court Ordinance.

6.  By reason of the finality provision in that section, there cannot be any appeal against our refusal of leave: see The Incorporated Owners of Po Hang Building v Sam Woo Marine Works Limited HCMP 415/2014, 8 April 2016 applying Hong Kong Housing Society v Wong Nai Chung HCMP 880/2009, 22 September 2010.

7.  In the circumstances, the Notice of Motion of 28 April 2021 falls to be dismissed.  We order accordingly.