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FAMV000023/1999
FAMV No. 23 of 1999
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 23 OF 1999 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV No. 211 OF 1999)
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CHICK MI HA |
Applicant |
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INDEPENDENT COMMISSION AGAINST CORRUPTION |
Respondent |
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Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Bokhary PJ
Date of Hearing: 17 January 2000
Date of Determination: 17 January 2000
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DETERMINATION
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Mr Justice Ching PJ :
1. The applicant seeks leave to appeal against the striking out of her action against the Independent Commission Against Corruption. The Statement of Claim begins with a request that the defendant should send to the court what she calls her investigation file No. CB97/0488 if she 'had any corruption' and that the court should then order a penalty against her. It continues with a request that the court should order the defendant to close her investigation file if she 'had no corruption' so that she may resume the running of her two companies. She then effectively claims damages for the loss suffered by one of her companies during the years 1995 to 1996 inclusive and for what she calls her physical hurt. She alleges that the turnover of that company for the year ended 31st March, 1995, was just under $12,000,000.
2. It appears that in the course of matrimonial disputes she conceived the belief that her husband had laid a complaint to the defendant against her. One of its officers has deposed that in fact there has not been any complaint against or any investigation of her. The file to which the Statement of Claim refers is one which was brought into existence upon her own complaint that her husband had lodged a complaint against her. This has not been contradicted. Factually, therefore, there is no basis for her claim. Even if there had been any complaint against or investigation of her, it has not been made to appear that the many tribulations which she claims to have undergone were a result.
3. This application is wholly without merit on a factual basis. Nor does it appear from what she has put forward that she has any cause of action known to the law. The application is dismissed with costs.
| ( Henry Litton ) |
( Charles Ching ) |
( Kemal Bokhary ) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Representation:
Ms Chick Mi-ha, the Applicant, in person
Ms Jenny M F Fung, SGC (of Department of Justice) for the Respondent
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