SECRETARY FOR JUSTICE v. YIP SIN MAN

HCMP 539/2022

[2022] HKCFI 2382

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 539 OF 2022

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R U L I N G

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A.  Introduction

1.  On 6 May 2022, the Secretary for Justice as Plaintiff applied ex parte for leave to commence committal proceedings against the Defendant, in relation to her alleged breach of Court orders relating to what has been called doxxing of police officers. The relevant Court orders were made in October and November 2019, and the alleged breach by the Defendant occurred in September 2020.

2.  On 12 May 2022, I granted leave to apply for an order of committal. The originating summons was issued on the same date, together with a notice of appointment setting today as the first hearing.

3.  The Defendant has failed to file any acknowledgement of service, so as to indicate her stance towards the proceedings. This is so, notwithstanding certain reminders. However, I am satisfied that the Defendant has been served with the papers in this matter, notwithstanding that she has failed to file any acknowledgement of service.

B.  Today’s Hearing

4.  Indeed, it seems that the Defendant had intended to appear at this morning’s hearing. This is because she contacted the Court this morning to inform that she was unable to attend today because of a health issue, for which she will provide a medical certificate in due course. Mr Louie Chan, Senior Government Counsel (Ag.) acting for the Plaintiff this morning, has confirmed his understanding that the Defendant is still hospitalised.

5.  The question then arises whether I should simply adjourn this matter to a further date, or proceed to give procedural directions.

6.  Because the Defendant is not present, I have decided to reduce my reasoning and directions into writing.

7.  After due consideration, and in the exercise of my case management discretion, I consider that it is appropriate to make procedural directions to bring this matter to a resolution, if necessary at a trial. I see no prejudice to the Defendant in proceeding in this manner, even though she is not present at this hearing in order to address the Court.

8.  For the moment at least, I proceed (as I must) on the basis that the Defendant intends to contest these proceedings. Therefore, the procedural directions I shall make are to bring this matter to a trial. But should the Defendant later decide that she does not intend to contest liability, the matter can be dealt with on that basis. If liability for contempt is not denied, the first day fixed for the trial can stand as the hearing on mitigation and sentence. Should the Defendant decide not to contest liability for contempt before she files the directed affidavit/affirmation evidence, that evidence can contain those factual matters she wishes to put forward in mitigation.

9.  Therefore, built into the directions I shall make is a provision for liberty to apply, under which the Defendant can notify the Court of any particular point or change of situation, and (if appropriate) request different case management directions. As always, I will deal with any application made under the liberty to apply provision, on its merits in the circumstances then pertaining.

C.  Directions Made

10.  Accordingly, this morning, I make the following orders:

(1)  The Defendant shall have leave to file and serve affidavit/affirmation evidence on or before 9 September 2022.

(2)  The Plaintiff shall have leave to file and serve affidavit/affirmation evidence in reply, if any, on or before 20 September 2022.

(3)  No further affirmation/affidavit shall be filed without leave of the Court.

(4)  The matter shall be set down for a trial before the Honourable Mr Justice Coleman, with a time estimate of 3 days.

(5)  The trial dates are fixed to commence at 10am on 22 November 2022 (with 23 and 24 November 2022 reserved).

(6)  The parties shall agree on a list of agreed facts on or before 25 October 2022.

(7)  The parties shall agree on a set of trial bundle indices on or before 1 November 2022, and the trial bundle shall be prepared by the Plaintiff and be served on the Defendant and the Court by 8 November 2022.

(8)  The Plaintiff shall file and serve opening submissions on or before 8 November 2022.

(9)  The Defendant shall file and serve opening submissions on or before 15 November 2022.

(10)  All deponents of affidavits/affirmations upon which a party intends to rely at the trial shall attend at the trial, and the affidavits/affirmations of those persons will stand as evidence in chief (unless, at trial, I direct otherwise).

(11)  Costs of today shall be in the cause.

(12)  Liberty to apply.