Re Tran Dat and Others

1994 MP 3562

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

MISCELLANEOUS PROCEEDINGS

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J U D G M E M T

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1. On 6th January, I directed that the application of Tran Dat and others be adjourned to a date to be fixed after consultation with counsel's diaries, but be listed not before I had given judgment in the applications of Chung Tu Quan and others (HCMP 3417/94). The Respondents to the applications of Tran Dat and others now apply for that order to be varied so that the applications be listed for hearing not before the Court of Appeal has given judgment in the appeal which the Respondents intend to lodge against the order I made releasing 3 of the Applicants in HCMP 3417/94. The grounds are that the outcome of the applications of Tran Dat and others will turn on the views expressed by the Court of Appeal.

2. In view of what I know to be the issues which the cases of Tran Dat and others raise, and in view of what Mr. Graham tells me are the issues which may be taken up by way of a Respondents' Notice in the appeal, I think that Mr. Marshall's point is a good one. It would be dangerous for the hearing of the applications of Tran Dat and others on their merits to take place before the Court of Appeal delivers judgment in HCMP 3417/94. I, therefore, direct that on similar undertakings being given in the applications of Tran Dat and others to those which Mr. Marshall has given in HCMP 232/95 relating to the appeal in HCMP 3417/94 (which Mr. Marshall tells me he gives), the order I made on 6th January be varied, so that the hearing takes place only after the Court of Appeal has delivered judgment.