黃碩雄 對 吳美玲暫委法官及另一人

黃碩雄 對 吳美玲暫委法官及另一人

The statement of claim was struck out because it plainly and obviously disclosed no reasonable cause of action: it relied on criminal statutory provisions that do not create civil causes of action, the complaints challenged judicial acts protected by immunity under Basic Law Art 85, the High Court is not a legal...

Source-derived case information.

Citation
[2021] HKCFI 774
Parties
Plaintiff: 黃碩雄; Defendant: 吳美玲(暫委法官); Defendant: 香港高等法院
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 March 2021
Case Number
HCA2409/2019
Procedural Posture
Civil Claim (challenge to Prior Judicial Decision) / Hearing of Strike‑out (order 18 R.19(1)(a)) and Summary Judgment Applications
Outcome
Statement of claim struck out; all claims against the defendants dismissed; summary judgment application dismissed; costs awarded to defendants (provisional order)
Legal Topics
Strike Out for Failure to Disclose Reasonable Cause of Action, Judicial Immunity Under Basic Law Art 85, Forum for Criminal Allegations Vs Civil Remedies, Summary Judgment, Costs Assessment
Source Language
ch
Civil Procedure Judicial Immunity Criminal Law (referenced) Costs Strike Out for Failure to Disclose Reasonable Cause of Action Judicial Immunity Under Basic Law Art 85 Forum for Criminal Allegations Vs Civil Remedies Summary Judgment +1 more

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Parties

黃碩雄

Plaintiff

吳美玲(暫委法官)

Defendant

香港高等法院

Defendant

Procedural Posture

Civil Claim (challenge to Prior Judicial Decision) / Hearing of Strike‑out (order 18 R.19(1)(a)) and Summary Judgment Applications

  1. 1 Whether the plaintiff's statement of claim disclosed a reasonable cause of action under Order 18 r.19(1)(a)
  2. 2 Whether allegations against a judge for judicial acts are actionable in civil court given judicial immunity
  3. 3 Whether criminal statutory provisions (Crimes Ordinance ss42,159G,159I) create civil causes of action or are proper subject of private prosecution in this forum

Ratio Decidendi

The statement of claim was struck out because it plainly and obviously disclosed no reasonable cause of action: it relied on criminal statutory provisions that do not create civil causes of action, the complaints challenged judicial acts protected by immunity under Basic Law Art 85, the High Court is not a legal person that can be sued, and the pleading could not be remedied by amendment; the summary judgment application was dismissed as premature given the court had extended time for filing defences; costs were awarded to defendants to be assessed.

Court Disposition

Statement of claim struck out; all claims against the defendants dismissed; summary judgment application dismissed; costs awarded to defendants (provisional order)

Orders

  • Strike out the statement of claim filed and endorsed on the writ dated 30 December 2019 and dismiss all claims by the plaintiff against the defendants as disclosing no reasonable cause of action
  • Dismiss the plaintiff's summary judgment application