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HCSA93/2005
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
SMALL CLAIMS TRIBUNAL APPEAL NO.93 OF 2005
(ON APPEAL FROM SCTC 19582 OF 2004)
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BETWEEN
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PEARL B. CHENG |
Claimant |
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and |
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BANK OF AMERICA
(ASIA) LTD |
Defendant |
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Before : Hon Yam J in Chambers
Date of Hearing : 21 October 2005
Date of Decision : 21 October 2005
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D E C I S I O N
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1. According to the law, one could only appeal on points of law from the Small Claims Tribunal and that is clearly stated in the title of the Notice : “Application for Leave to Appeal on a Point of Law”.
2. The learned Tribunal Adjudicator has already given his full reasoning in his Reasons for Decision in Chinese.[1] It is not permissible to appeal against finding of facts alone unless such findings are so unreasonable, which would become a point of law. But that is not the case here.
3. As I could not detect any error of law in the Decision of the learned Adjudicator, the application for leave to appeal herein is dismissed. Since Madam Cheng only made this application ex parte, I make no order as to costs.
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(D. Yam)
Judge of the Court of First Instance
High Court |
Applicant, in person, present
[1] A copy of his Chinese Reasons for Decision and his short reasons for his Decision on Review are appended hereto ––– see Appendix I. Apparently the written decisions below are in Chinese because the proceedings below were conducted in Chinese. However, in the proceedings before me, the applicant has opted to use English and therefore this Decision is in English
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