|
FAMV No. 48 of 2026
[2026] HKCFA 28
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 48 OF 2026 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACV NO. 412 OF 2024)
________________________
| BETWEEN |
|
|
|
WELL HONOUR DEVELOPMENT LIMITED
(安鴻發展有限公司) |
Applicant |
| |
and |
|
|
THE DIRECTOR OF LANDS OF
LANDS DEPARTMENT HEADQUARTERS |
Respondent |
________________________
| Before: |
Mr Justice Ribeiro Acting CJ in Chambers |
| Date of Ruling: |
9 July 2026 |
________________________
R U L I N G
________________________
Mr Justice Ribeiro Acting CJ:
1. This application is dealt with on the papers by a single Permanent Judge under section 46(2) of the Court’s Statute.[1]
2. The Appeal Committee granted the applicant leave to appeal by its Determination dated 12 June 2026 on questions of law acknowledged to be reasonably arguable and of the requisite public importance,[2] subject to the usual condition of payment into Court of security in the sum of $400,000.00 for the due prosecution of the appeal and payment of such costs as may become payable by the appellant.
3. The present application is for such security to be waived. It is made on behalf of the appellant company by Lai Choi Fat and Ng Sam Mui, husband and wife, who founded the appellant and now are effectively beneficially in control of the company.
4. They have filed evidence indicating that they have fallen on hard times, with Mr Lai, aged 74, now working as a taxi driver and his wife, Madam Ng as a pantry lady. They affirm, with some supporting documentary evidence, that they now have no assets (other than the chose in action claimed in the appeal) and live on low income, so that the appeal would be stifled if the condition not waived. They also point out that while they have paid for the assignment of the right to compensation, the Government has resumed the property without paying out any compensation.
5. The respondent Director expresses scepticism as to their claimed impecuniosity, suggesting that the evidential basis for that claim is insufficient and that this is “an opportunistic try-on”. Issue is joined with that allegation in reply submissions lodged on the applicant’s behalf.
6. I am on balance persuaded that there is a real risk of the appeal being stifled unless waiver is granted.
7. I accordingly grant the orders sought in paragraphs 1 and 2 of the applicant’s Summons dated 22 June 2026 amended to refer to paragraph 2 of the order dated 12 June 2026.
| |
(R A V Ribeiro) |
| |
Acting Chief Justice |
Written submissions by Mr Felix HY Tang, instructed by K. Y. Woo & Co. LLP, for the Applicant
Written submissions by Ms Frances Lok SC, instructed by the Department of Justice, Mr Alvin Hor, Senior Government Counsel (Ag.) and Ms Nova Tang, Government Counsel, of the Department of Justice, for the Respondent
[1] Cap 484.
[2] [2026] HKCFA 23.
|