CHAU CHIU YEE v. CHEUNG LUNG AND ANOTHER

FAMV No. 33 of 2000

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 33 OF 2000 CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMP NO. 96 OF 2000)

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DETERMINATION

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Mr Justice Bokhary PJ:

1. In 1999 the applicant started an action against the respondents. He alleged that they had 11 years earlier conspired to take away certain tools and material of his. On the ground that his claim was plainly time-barred, a Master struck out his Statement of Claim and dismissed his action. The Master's decision was upheld by a Judge. The Judge's decision was in turn upheld by the Court of Appeal. The Court of Appeal then refused to grant the applicant leave to appeal to the Court of Final Appeal. He now asks this Committee to grant him such leave. He has addressed us in person. This he has done with great courtesy for which we thank him.

2. We leave aside the fact that the applicant had been out of time for appealing to the Court of Appeal. He has given an explanation for the delay. But there is another difficulty.

3. The matter is interlocutory. So we cannot in law grant the applicant the leave which he seeks unless there is involved a question which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision. No such question is involved. The applicant's circumstances are such that one can readily sympathise with him. But we must act according to the law. So this application must be dismissed.