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CACV 252/2005
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 252 OF 2005
(ON APPEAL FROM HCA NO. 2966 OF 2004)
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BETWEEN
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Former Dealing Director of Foreground
Securities Company Limited |
Plaintiff |
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Yick Ming Kit |
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（福廣証劵有限公司前交易董事）
（易明結）
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and |
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Securities and Futures Commission
（証劵及期貨事務監察委員會）
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Defendant |
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Before: Hon Yuen and Tang JJA in Court
Date of Hearing: 29 September 2006
Date of Judgment: 29 September 2006
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J U D G M E N T
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Hon Tang JA (giving the judgment of the Court):
1. This is the plaintiff’s application for leave to appeal to the Court of Final Appeal from the reasons for decision of this court (Tang JA and Chu J) which was handed down on 29 May 2006, which affirmed the judgment of Deputy Judge To, striking out the statement of claim on the ground that it disclosed no reasonable cause of action.
2. The sole issue on this application is whether leave should be granted under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484. No point is taken on the application being made out of time.
3. The written submissions supplied by the plaintiff, which we have considered, contain a litany of complaints against the Securities and Futures Commission. However, the issues involved in these proceedings had been identified in the judgment, and the most important for the present purpose is that the relevant legislation had not created a private cause of action. No question of great general or public importance is involved in this proposed appeal. In fact, the proposed appeal is completely devoid of merit.
4. So the application is dismissed with costs.
(Maria Yuen)
Justice of Appeal |
(Robert Tang)
Justice of Appeal |
The Plaintiff (Applicant), in person, present.
Mr Jose-Antonio Maurellet, instructed by Messrs Clifford Chance, for the Defendant (Respondent).
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