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

The application was refused because the defendant's son is not a qualified barrister or solicitor and the governing authorities and rules (including CACV 14/2011, Hong Kong authorities, Cap.159 ss44-45 and District Court Rules Order 80(2)(3)) prohibit non‑lawyers from representing parties or acting as next friend...

Source-derived case information.

Citation
[2018] HKDC 281
Parties
Plaintiff: WU (or U) SHING KWONG TSO; WU LUK CHUEN; WOO CHAI FONG; WU WAI YIN; First Defendant: OU YI MAN (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
16 March 2018
Case Number
DCMP1443/2015
Procedural Posture
District Court Miscellaneous Application Under District Court Rules (order 113) / Interlocutory Application Hearing (14 March 2018)
Outcome
Application refused
Legal Topics
Right of Audience, Unauthorised Practice of Law, Next Friend/guardian Ad Litem, Representation by Non Lawyers
Source Language
ch
Civil Procedure Legal Professional Regulation Court Rules Right of Audience Unauthorised Practice of Law Next Friend/guardian Ad Litem Representation by Non Lawyers

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Parties

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

Plaintiff

OU YI MAN (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

District Court Miscellaneous Application Under District Court Rules (order 113) / Interlocutory Application Hearing (14 March 2018)

  1. 1 Whether a non‑lawyer (the defendant's son) may represent, speak and ask questions for the defendant in court
  2. 2 Whether the defendant's ill health constitutes an exception to the rule requiring representation by a qualified lawyer
  3. 3 Whether a next friend or guardian ad litem of a person under disability may act otherwise than by a solicitor under the District Court Rules

Ratio Decidendi

The application was refused because the defendant's son is not a qualified barrister or solicitor and the governing authorities and rules (including CACV 14/2011, Hong Kong authorities, Cap.159 ss44-45 and District Court Rules Order 80(2)(3)) prohibit non‑lawyers from representing parties or acting as next friend except by solicitor; illness does not create an exception to these requirements.

Court Disposition

Application refused

Orders

  • The written application by the first defendant seeking that his son answer questions, speak for him and handle the case was refused.