14 Oct 2025
The Court dismissed the appeal and upheld the striking out of the Statement of Claim as against the 2nd Defendant because the pleading disclosed no reasonable cause of action in negligence (no pleaded duty, no pleaded negligence, no pleaded causation) and the claim was frivolous; costs were awarded to the 2nd Defendant.
2 Jun 2017
The statement of claim discloses no reasonable cause of action because (1) as a matter of Hong Kong law and public policy (Liu Mei Huei) a general private duty of care to suspects for investigative/prosecutorial acts is not established; (2) the pleaded cause was negligent prosecution not negligent investigation and in any event failed to plead how the defendant's conduct fell below the standard of a reasonable officer; accordingly the statement of claim was struck out and the action dismissed; the plaintiff's summons for interlocutory/default judgment was dismissed.