釋照月 v. SECRETARY FOR JUSTICE AND OTHERS

釋照月 v. SECRETARY FOR JUSTICE AND OTHERS

The court refused SJ's application to be excused. Given the serious allegations of internal mismanagement, the nature of the reliefs sought (including orders effectively against SJ), the absence of a split trial, the original trial estimate based on SJ's participation, and the insufficiency of a mere watching brief to discharge SJ's protective duties, SJ must attend the full trial in its capacities for both SJ and SHA; costs of the application are reserved.

Citation
[2022] HKCFI 2293
Parties
Plaintiff (hcmp 496/2017): 釋照月 (Sik); 1st Defendant (hcmp 496/2017); 3rd Defendant (hca 595/2019): Secretary for Justice; 2nd Defendant (hcmp 496/2017): Secretary for Home Affairs; 3rd Defendant (hcmp 496/2017); Plaintiff/subject in Related Proceedings: Man Wa Tong (曼華堂) (unincorporated association); Plaintiff (hca 595/2019); Manageress of Man Wa Tong: Au-Yeung Shun Mei (歐陽順美); Plaintiff (hca 595/2019); Manageress of Man Wa Tong: Poon Kit Fong (潘潔芳); 1st Defendant (hca 595/2019): Jan Fung (詹豐); 2nd Defendant (hca 595/2019): Pong Chung Wai (龐宗懷)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 July 2022
Case Number
HCMP496/2017
Procedural Posture
Charity/trust Litigation Concerning an Unincorporated Religious Tong and Applications for Better Administration / Pre Trial Review (ptr) — Decision Whether Secretary for Justice May Be Excused From Attending the Forthcoming 14‑day Trial
Outcome
Application by Secretary for Justice to be excused from attending the trial is refused; Secretary for Justice must attend the trial in both capacities (for SJ and for SHA).
Legal Topics
Parens Patriae, Standing/locus Standi, Better Administration Order, Protector of Charities, Case Management, Excusal From Attendance
Source Language
EN
Charity Law Trusts Civil Procedure Administrative Law Parens Patriae Standing/locus Standi Better Administration Order Protector of Charities +2 more

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Parties

釋照月 (Sik)

Plaintiff (hcmp 496/2017)

Secretary for Justice

1st Defendant (hcmp 496/2017); 3rd Defendant (hca 595/2019)

Secretary for Home Affairs

2nd Defendant (hcmp 496/2017)

Man Wa Tong (曼華堂) (unincorporated association)

3rd Defendant (hcmp 496/2017); Plaintiff/subject in Related Proceedings

Au-Yeung Shun Mei (歐陽順美)

Plaintiff (hca 595/2019); Manageress of Man Wa Tong

Poon Kit Fong (潘潔芳)

Plaintiff (hca 595/2019); Manageress of Man Wa Tong

Jan Fung (詹豐)

1st Defendant (hca 595/2019)

Pong Chung Wai (龐宗懷)

2nd Defendant (hca 595/2019)

Procedural Posture

Charity/trust Litigation Concerning an Unincorporated Religious Tong and Applications for Better Administration / Pre Trial Review (ptr) — Decision Whether Secretary for Justice May Be Excused From Attending the Forthcoming 14‑day Trial

Legal Issues

  1. 1 Whether the Secretary for Justice (SJ) should be excused from attending the scheduled trial
  2. 2 Scope and duty of SJ as parens patriae in charity proceedings
  3. 3 Whether SJ's attendance is necessary given allegations of mismanagement and factual disputes

Ratio Decidendi

The court refused SJ's application to be excused. Given the serious allegations of internal mismanagement, the nature of the reliefs sought (including orders effectively against SJ), the absence of a split trial, the original trial estimate based on SJ's participation, and the insufficiency of a mere watching brief to discharge SJ's protective duties, SJ must attend the full trial in its capacities for both SJ and SHA; costs of the application are reserved.

Court Disposition

Application by Secretary for Justice to be excused from attending the trial is refused; Secretary for Justice must attend the trial in both capacities (for SJ and for SHA).

Orders

  • Secretary for Justice and Secretary for Home Affairs to attend the 14‑day trial commencing 31 August 2022
  • Order covers attendance in both capacities (SJ and SHA)