TSE JEEKEEN v. H.K. ALLIANCE IN SUPPORT OF PATRIOTIC MOVEMENT OF CHINA and Others

TSE JEEKEEN v. H.K. ALLIANCE IN SUPPORT OF PATRIOTIC MOVEMENT OF CHINA and Others

The plaintiff lacked standing and the remedies he sought were not available to him; the statement of claim disclosed no reasonable cause of action and the Master's order striking it out was correct, therefore the appeal is dismissed with costs.

Citation
TSE JEEKEEN v. H.K. ALLIANCE IN SUPPORT OF PATRIOTIC MOVEMENT OF CHINA and Others
Parties
Plaintiff/appellant: Tse Jeekeen; Defendant/respondent: H.K. Alliance in Support of Patriotic Movement of China; Defendant/respondent: Mr Szeto Wah; Defendant/respondent: H.K. Democratic Party; Defendant/respondent: Mr Lee Chui Ming (Martin); Defendant/respondent: Mr Cheung Man Kong; Defendant/respondent: Hong Kong Professional Teachers' Union; Defendant/respondent: April 5 Action; Defendant/respondent: Mr Leung Kwok Hung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 1998
Case Number
HCA13938/1997
Procedural Posture
Civil (strike Out of Statement of Claim) / Appeal From Master's Decision
Outcome
Appeal dismissed
Legal Topics
Standing, Strike Out, Cause of Action, Remedies, Defamation Allegations
Source Language
EN
Civil Procedure Public Law Administrative Law Standing Strike Out Cause of Action Remedies Defamation Allegations

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Parties

Tse Jeekeen

Plaintiff/appellant

H.K. Alliance in Support of Patriotic Movement of China

Defendant/respondent

Mr Szeto Wah

Defendant/respondent

H.K. Democratic Party

Defendant/respondent

Mr Lee Chui Ming (Martin)

Defendant/respondent

Mr Cheung Man Kong

Defendant/respondent

Hong Kong Professional Teachers' Union

Defendant/respondent

April 5 Action

Defendant/respondent

Mr Leung Kwok Hung

Defendant/respondent

Procedural Posture

Civil (strike Out of Statement of Claim) / Appeal From Master's Decision

Legal Issues

  1. 1 Whether the plaintiff has standing to bring proceedings for alleged slander/incitement/treason against the defendants
  2. 2 Whether the remedies claimed (annulment of registration, public apology, punitive compensation) are available to the plaintiff
  3. 3 Whether the statement of claim discloses a reasonable cause of action such that it should not be struck out

Ratio Decidendi

The plaintiff lacked standing and the remedies he sought were not available to him; the statement of claim disclosed no reasonable cause of action and the Master's order striking it out was correct, therefore the appeal is dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Statement of Claim struck out
  • Appeal dismissed with costs to the Defendants