13 Dec 2023
CHINA CONCRETE COMPANY LTD v. SECRETARY FOR JUSTICE
- Citation
- [2023] HKCFI 2282
- Court
- Court of First Instance
- Case number
- HCA997/2022
The amended statement of claim discloses no reasonable cause of action and must be struck out: the ASOC fails to plead essential elements for each tort (no pleaded actual breach of contract, no pleaded unlawful means actionable against third parties, no sufficient facts to infer malice or dishonest motive, and no particularised facts supporting misfeasance intent); declaratory relief amounting to a declaration of non-criminality was inappropriate and prejudicial while criminal prosecutions under the APCO were pending; accordingly the SOC/ASOC are struck out and the civil action dismissed.