WU (or U) SHING KWONG TSO or SHING KWONG TSO (胡成光祖或成光祖) with WU LUK CHUEN (胡祿全), WOO CHAI FONG (胡齊芳) and WU WAI YIN (胡偉賢) as managers 對 歐以文及另一人

WU (or U) SHING KWONG TSO or SHING KWONG TSO (胡成光祖或成光祖) with WU LUK CHUEN (胡祿全), WOO CHAI FONG (胡齊芳) and WU WAI YIN (胡偉賢) as managers 對 歐以文及另一人

Refusal of the application because established authority and statute prohibit unqualified persons from exercising a right of audience and because the application was a duplicative procedural attempt where there was no material change from a prior order which allowed assistance but not substitution.

Source-derived case information.

Citation
[2018] HKDC 276
Parties
Plaintiff: WU (or U) SHING KWONG TSO or SHING KWONG TSO; WU LUK CHUEN; WOO CHAI FONG; WU WAI YIN; First Defendant: 歐以文; Second Defendant: All occupier(s) of a portion of The Remaining Portion of Lot No. 298 in Demarcation District No. 128, Yuen Long, New Territories
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 March 2018
Case Number
DCMP1443/2015
Procedural Posture
Miscellaneous Case (district Court Miscellaneous Case No. DCMP 1443/2015; Order 113 Application) / Hearing/decision on Application to Allow Non Lawyer Representative (interlocutory)
Outcome
Application refused
Legal Topics
Right of Audience, Unauthorised Practice of Law, Repeated/duplicative Application, Order 113 Application
Source Language
ch
Civil Procedure Legal Profession Regulation Right of Audience Unauthorised Practice of Law Repeated/duplicative Application Order 113 Application

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Parties

WU (or U) SHING KWONG TSO or SHING KWONG TSO; WU LUK CHUEN; WOO CHAI FONG; WU WAI YIN

Plaintiff

歐以文

First Defendant

All occupier(s) of a portion of The Remaining Portion of Lot No. 298 in Demarcation District No. 128, Yuen Long, New Territories

Second Defendant

Procedural Posture

Miscellaneous Case (district Court Miscellaneous Case No. DCMP 1443/2015; Order 113 Application) / Hearing/decision on Application to Allow Non Lawyer Representative (interlocutory)

  1. 1 Whether a non‑lawyer (the defendant's son) may be permitted to speak in court on behalf of the defendant
  2. 2 Whether the defendant's application was a duplication of an earlier application and therefore procedurally inappropriate

Ratio Decidendi

Refusal of the application because established authority and statute prohibit unqualified persons from exercising a right of audience and because the application was a duplicative procedural attempt where there was no material change from a prior order which allowed assistance but not substitution.

Court Disposition

Application refused

Orders

  • First defendant's application for his son to speak on his behalf is refused
  • First defendant must personally address the court and may be assisted but not represented in court by his son; the earlier order of 22 November 2017 remains effective