AU CHI KWONG AND OTHERS v. HSU JUNG CHIAO and HSU TSUI FONG t/a YIU FUNG TRANSPORTATION CO.

HCLA 82 /2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

LABOUR TRIBUNAL APPEAL NO. 82 OF 2001

(ON APPEAL FROM LABOUR TRIBUNAL CLAIM NO. 6096 OF 2000)

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D E C I S I O N

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1. This is an ex parte application for a stay of execution of the award made by the Labour Tribunal on 7 February 2001 in the claimants' favour. It is trite law that stay of execution of a judgment or order pronounced after trial should only be granted where there are exceptional circumstances to justify the stay: see, for example, HK Civil Procedure 2001, para. 59/13/1.

2. The applicants of this ex parte application assert at para. 3 of the affirmation of Hsu Tsui Fong dated 18 October 2001 that the application for leave to appeal (and the appeal itself if leave is granted) would be rendered futile should the security now deposited with the Labour Tribunal be released to the claimants. There is, however, no factual basis given in support of this assertion.

3. When queried on this point by the court, counsel for the applicants argues that the security payment in the Labour Tribunal:

(1) provides sufficient security in the claimants' favour; and

(2) is an exceptional circumstance.

With respect, I do not agree. In view of the lack of a proper basis in support of this application, it is refused.