WONG SIU-HING AND OTHERS v. LO CHE-KEUNG AND ANOTHER

WONG SIU-HING AND OTHERS v. LO CHE-KEUNG AND ANOTHER

Section 42 of the Supreme Court Ordinance together with Order 24 r.7A applies to enable the High Court to order disclosure from the First Clerk of magistrates' court minutes in a personal injury/death action; s.35A does not operate to preclude the exercise of that statutory discovery jurisdiction in the Supreme Court, and accordingly the appeal is allowed and the relief sought (an affidavit and potential production) is granted, subject to the Court's discretion and safeguards.

Citation
WONG SIU-HING AND OTHERS v. LO CHE-KEUNG AND ANOTHER
Parties
Plaintiffs: WONG SIU-HING & WONG MAN-HING (administratrixes of the estate of YU Loi-lung); 1st Defendant: LO Che-Keung; 2nd Defendant: YAU Fook-ping; Respondent to Summons (non Party): First Clerk, Fanling Magistracy / Registrar, Supreme Court
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 February 1991
Case Number
HCA1773/1989
Procedural Posture
Civil Personal Injuries / Wrongful Death / Interlocutory Application Under Order 24 Rule 7 a and Appeal Against Dismissal of Summons (discovery Against Non Party)
Outcome
Appeal allowed; relief under the summons granted
Legal Topics
Order 24 Rule 7 a, Section 42 Supreme Court Ordinance, Section 35 a Magistrates Ordinance, Non Party Disclosure, Inspection and Production of Minutes
Source Language
EN
Civil Procedure Discovery Magistrates' Courts Personal Injury Evidence Order 24 Rule 7 a Section 42 Supreme Court Ordinance Section 35 a Magistrates Ordinance +2 more

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Parties

WONG SIU-HING & WONG MAN-HING (administratrixes of the estate of YU Loi-lung)

Plaintiffs

LO Che-Keung

1st Defendant

YAU Fook-ping

2nd Defendant

First Clerk, Fanling Magistracy / Registrar, Supreme Court

Respondent to Summons (non Party)

Procedural Posture

Civil Personal Injuries / Wrongful Death / Interlocutory Application Under Order 24 Rule 7 a and Appeal Against Dismissal of Summons (discovery Against Non Party)

Legal Issues

  1. 1 Whether s.35A Magistrates Ordinance prevents the High Court ordering discovery of magistrates' court minutes under s.42 and Order 24 r.7A
  2. 2 Whether Order 24 r.7A and s.42 of the Supreme Court Ordinance apply to notes/minutes in the possession of a magistrates' clerk
  3. 3 Whether a non-legally aided plaintiff can obtain magistrates' court notes from the clerk

Ratio Decidendi

Section 42 of the Supreme Court Ordinance together with Order 24 r.7A applies to enable the High Court to order disclosure from the First Clerk of magistrates' court minutes in a personal injury/death action; s.35A does not operate to preclude the exercise of that statutory discovery jurisdiction in the Supreme Court, and accordingly the appeal is allowed and the relief sought (an affidavit and potential production) is granted, subject to the Court's discretion and safeguards.

Court Disposition

Appeal allowed; relief under the summons granted

Orders

  • Appeal allowed
  • Relief sought in the summons under Order 24 Rule 7A granted: First Clerk to make an affidavit stating whether the minutes of proceedings are or at any time have been in his possession, custody or power and if not when he parted with them and what has become of them