CHAN SHIU CHICK v. LAW WAI DUEN

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FAMV No. 28 of 2001

MISCELLANEOUS PROCEEDINGS NO. 28 OF 2001 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 1835 OF 2001 )

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ:

1. We thank all counsel for their very full arguments, but our determination can be stated quite briefly.

2. The decision of the Court of Appeal does not purport to cover the whole of the law on this subject. It goes essentially to holding that the judge was not justified in her view of the facts. In these circumstances, we do not consider it appropriate to give leave to appeal for the purpose of settling the law on a director's right to inspect company documents.

3. As to the suggestion that the Court of Appeal unjustifiably widened the scope of its sealed order, we are satisfied that the scope of the inspection, which is what the case is about, was not altered. So we do not consider it appropriate to grant leave to appeal on this aspect of the matter either.

4. Finally, there is Mr Yip's position. In our view, the prudent course, and therefore a justifiable course, was to join him.

5. In the result, these applications for leave to appeal to the Court of Final Appeal are dismissed with costs.