RE CHEUNG KIN CHUNG

RE CHEUNG KIN CHUNG

The court held that making an RPO did not contravene Basic Law Article 35 and was justified because the applicant had issued successive unmeritorious judicial review applications on the same subject matter within a short period, evidencing abusive litigation conduct; accordingly an RPO with specified procedural safeguards was made.

Citation
RE CHEUNG KIN CHUNG
Parties
Applicant: Cheung Kin Chung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 December 2010
Case Number
HCAL119/2010
Procedural Posture
Judicial Review / Post‑judgment Hearing for Restricted Proceedings Order
Outcome
Restricted Proceedings Order granted
Legal Topics
Restricted Proceedings Order, Vexatious Litigant, Access to Courts, Basic Law Article 35, Leave for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Civil Procedure Restricted Proceedings Order Vexatious Litigant Access to Courts Basic Law Article 35 Leave for Judicial Review

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Parties

Cheung Kin Chung

Applicant

Procedural Posture

Judicial Review / Post‑judgment Hearing for Restricted Proceedings Order

Legal Issues

  1. 1 Whether a Restricted Proceedings Order (RPO) is compatible with Basic Law Article 35
  2. 2 Whether the applicant is a vexatious litigant abusing court process by repeated unmeritorious judicial review applications
  3. 3 Whether an RPO is necessary and proportionate given the facts

Ratio Decidendi

The court held that making an RPO did not contravene Basic Law Article 35 and was justified because the applicant had issued successive unmeritorious judicial review applications on the same subject matter within a short period, evidencing abusive litigation conduct; accordingly an RPO with specified procedural safeguards was made.

Court Disposition

Restricted Proceedings Order granted

Orders

  • The applicant is prohibited from commencing any fresh proceedings in the High Court or District Court concerning matters involving or relating to the proceedings in HCAL 84/2010 and HCAL 119/2010 without the leave of the Court of First Instance.
  • All applications for leave under this order must be made by the applicant ex parte in writing to the designated judge (Honourable Mr Justice Au or such other Judge as the Chief Judge may designate).