30 Jan 2015
DARRYL PENRICE v. MR. CHAN KWOK-JI, ERIC, IDSM, DIRECTOR OF IMMIGRATION AND OTHERS
- Citation
- DARRYL PENRICE v. MR. CHAN KWOK-JI, ERIC, IDSM, DIRECTOR OF IMMIGRATION AND OTHERS
- Court
- District Court
- Case number
- DCCJ2983/2014
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 defendant…