DARRYL PENRICE v. MR. CHAN KWOK-JI, ERIC, IDSM, DIRECTOR OF IMMIGRATION AND OTHERS

DARRYL PENRICE v. MR. CHAN KWOK-JI, ERIC, IDSM, DIRECTOR OF IMMIGRATION AND OTHERS

The pleaded facts, taken at their highest, disclose no reasonable cause of action because HKBOR breaches do not create an independent private law cause of action and the pleaded mistreatment does not meet Article 3/6 thresholds; the claim is scandalous, frivolous and vexatious (including an extravagant...

Source-derived case information.

Citation
DARRYL PENRICE v. MR. CHAN KWOK-JI, ERIC, IDSM, DIRECTOR OF IMMIGRATION AND OTHERS
Parties
Plaintiff: Darryl Penrice; 1st Defendant: Mr. Chan Kwok-ji, Eric, IDSM, Director of Immigration; 2nd Defendant: Ms. Carol Yip, Director of Social Welfare Department; 3rd Defendant: Thomas E Kwong, JP, The Director of Legal Aid; 4th Defendant: Ms Lau Yin Hing, Connie, JP; 5th Defendant: Consul General Clifford A. Hart, Jr.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 January 2015
Case Number
DCCJ2983/2014
Procedural Posture
District Court Civil Action / Interlocutory Strike Out Application Pursuant to O.18 R.19 (hearing and Disposal)
Outcome
Part of Statement of Claim struck out; action dismissed as against the 1st to 3rd defendants; costs ordered on a nisi basis
Legal Topics
Strike Out, Abuse of Process, Judicial Review, Hong Kong Bill of Rights (hkbor), Race Discrimination, Legal Aid Appeal
Source Language
en
Administrative Law Human Rights Immigration Law Civil Procedure Public Law Social Welfare Law Strike Out Abuse of Process +4 more

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Parties

Darryl Penrice

Plaintiff

Mr. Chan Kwok-ji, Eric, IDSM, Director of Immigration

1st Defendant

Ms. Carol Yip, Director of Social Welfare Department

2nd Defendant

Thomas E Kwong, JP, The Director of Legal Aid

3rd Defendant

Ms Lau Yin Hing, Connie, JP

4th Defendant

Consul General Clifford A. Hart, Jr.

5th Defendant

Procedural Posture

District Court Civil Action / Interlocutory Strike Out Application Pursuant to O.18 R.19 (hearing and Disposal)

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action
  2. 2 Whether the claim is scandalous, frivolous or vexatious
  3. 3 Whether the proceedings constitute an abuse of process by pursuing public law remedies in private action

Ratio Decidendi

The pleaded facts, taken at their highest, disclose no reasonable cause of action because HKBOR breaches do not create an independent private law cause of action and the pleaded mistreatment does not meet Article 3/6 thresholds; the claim is scandalous, frivolous and vexatious (including an extravagant unparticularised damages claim) and amounts to an abuse of process by litigating public law matters in private action; refusal of legal aid is remediable by statutory appeal. Accordingly the relevant parts of the Statement of Claim must be struck out and the action against the 1st–3rd defendants dismissed.

Court Disposition

Part of Statement of Claim struck out; action dismissed as against the 1st to 3rd defendants; costs ordered on a nisi basis

Orders

  • Strike out parts of the Statement of Claim filed 1 August 2014 as specified in the Summons (redacted parts)
  • Dismiss the plaintiff's action against the 1st to 3rd defendants