KWOK CHEUK-KIN v. MR. YUNG CHUN CHIU, PETER BRANCH MANAGER OF CMB WING LUNG BANK

HCAL 147/2023

[2023] HKCFI 677

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 147 OF 2023

________________________

________________________

_________________

DECISION

_________________

A.  Background

1.  The Applicant used to hold a bank account with the Wing Lung Bank (“Bank”). By letter dated 16 January 2023, the Bank informed the Applicant that his account would be cancelled on 26 January 2023. By a Form 86 filed on 2 February 2023, the Applicant seeks leave to challenge, by way of judicial review, the Bank’s decision to cancel his bank account. The Mr Yung identified as Putative Respondent in this action is a branch manager of the Bank, whose contact is listed on the 16 January 2023 letter for the Applicant’s enquiry.

2.  Having considered the materials, I consider it appropriate to deal with this application on paper. The application is plainly wholly misconceived, and it is at least unfortunate that it has required diversion of this Court’s time and resources.

B.  Discussion

3.  In the supporting affirmation, the Applicant has the following to say:

(1)  He had maintained his bank account with the Bank for more than 20 years.

(2)  He is a bankrupt and his living depends on the Comprehensive Social Security Assistance Scheme (“CSSA”). The account with the Bank was the only account he had and every month CSSA subsidy will be deposited into that bank account.

(3)  The Bank cancelled his bank account on 26 January 2023, which was the second day of the Chinese New Year, and when no other banks were open for business. Without a bank account, he was unable to receive his CSSA on 1 February 2023. He had to wait for the Official Receiver’s permission for him to open a new bank account with another bank so that he could receive his CSSA in February. Meanwhile, he would have to starve for days.

(4)  Mr Yung only decided to cancel his bank account because he disapproves of the Applicant’s political viewpoint. Mr Yung dislikes the Applicant because he often fights for the citizens by raising judicial reviews to challenge the Government. Mr Yung picked on him.

(5)  According to Article 35 of the Basic Law, Hong Kong citizens are entitled to challenge the executive branch of the Government by litigation.

4.  The Applicant attached the Bank’s letter dated 16 January 2023 to his supporting affirmation. The letter is short and the body of it consists of only one paragraph:

Pursuant to Part I Section A Condition 7 of the General Conditions for Accounts and Services (“the General Conditions”), we hereby give you notice that the Account and the relevant services will be terminated on 26 January 2023. We shall handle the credit balance of the Account (if any and where applicable) pursuant to Part I Section A Condition 7.2 of the General Conditions.

[and then Mr Yung’s contact number was listed for the Applicant’s enquiry]

5.  This application can be disposed of quickly. The target of the Applicant’s proposed challenge is clearly a private law matter between himself and the Bank. It is not amenable to judicial review:

(1)  The decision maker identified is a private commercial entity.

(2)  The decision the subject of target is the termination of the bank-client relationship between the Bank and the Applicant, which is no doubt commercial in nature.

(3)  As set out in the 16 January 2023 letter, the Bank invoked a term in the “General Conditions for Accounts and Services” - i.e. the Bank’s contractual rights arising from an agreement which is said to be binding on the parties.

(4)  There is nothing in the letter which might suggest that the termination was due to the Bank or Mr Yung’s disliking the Applicant’s political viewpoint. In fact, the Applicant did not provide the basis of his assertion as to the reason for termination.

(5)  In any event, if the Applicant is of the view that the Bank is not entitled in law to terminate his bank account, either because he did not breach the term which the Bank said that he did or otherwise, it is a private law matter to be sorted out with the Bank.

6.  Though not strictly necessary, I would also add this. The Applicant said he had to starve for days because his account was cancelled during the Chinese New Year holidays and it took time to open another bank account to receive his CSSA. But, the Bank’s letter was dated 16 January 2023, and there was about two weeks between then and 1 February 2023 for the Applicant to set up a new bank account. Nor did the Applicant say he had attempted to contact the Bank, perhaps by calling up Mr Yung, to ask for the account to be kept open or for more time to allow him to open another bank account.

C.  Conclusion

7.  The application is dismissed, with no order as to costs.