22 Jul 2015
HO CHEE SING JAMES v. SECRETARY FOR JUSTICE
- Citation
- HO CHEE SING JAMES v. SECRETARY FOR JUSTICE
- Court
- Court of First Instance
- Case number
- HCA2161/2012
The amended statement of claim (ASOC), except for parts relating to recovery under Prisons Ordinance s20C(4), discloses no reasonable cause of action because the monetary claims arise from breaches of the employment contract and fall within the Labour Tribunal's exclusive jurisdiction; BoRO/Article 10 does not create an independent private tort for constitutional damages and provides remedies within existing jurisdictions (eg appeal or judicial review); prior Tribunal proceedings and legal authorities establish civil servants' contracts and bar re-litigation; accordingly the ASOC (save limite…