14 Aug 2019
袁xx，未成年人袁xx的母親及起訴監護人 對 劉xx
- Citation
- [2019] HKFC 213
- Court
- Family Court
- Case number
- FCMP192/2017
The court held the Mainland judgment and the subsequent mediation deal with the same subject-matter and parties such that continuation of the Hong Kong proceedings would breach the one-action/ res judicata principle; Basic Law provisions do not permit Hong Kong courts to re-try or supplement Mainland decisions in these circumstances; alleged procedural deficiencies or lack of funds to appeal in the Mainland do not justify re-litigation in Hong Kong; acceptance of partial payments under the mediation further undermines the applicant's case. Accordingly the Hong Kong proceedings were permanentl…