Cheng Chen Sing v Arnberger, Kim, Buxbaum & Choy

Cited as:[1998] 1 HKLRD 540
Court:Court of Final Appeal (Hong Kong)
Judgement Number:FAMV5/1998
Judgment Date:30 Mar 1998
FAMV000005/1998 CHENG CHEN SING v. ARNBERGER, KIM, BUXBAUM & CHOY

FAMV No. 5 of 1998

HONG KONG SPECIAL ADMINISTRATIVE REGION

THE COURT OF FINAL APPEAL

MISCELLANEOUS PROCEEDINGS NO. 5 OF 1998 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM HCLA NO. 170 OF 1995)

____________________

Between :
CHENG CHEN SING Applicant
AND
ARNBERGER, KIM, BUXBAUM & CHOY Respondent

____________________

Appeal Committee: Mr Justice Litton, Mr Justice Ching and Mr Justice Bokhary, PJJ

Date of Hearing : 30 March 1998

Date of Determination : 30 March 1998

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DETERMINATION

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Mr Justice Litton, P.J.:

1. This is the determination of the Appeal Committee.

2. The applicant seeks leave under s32(1) of the Hong Kong Court of Final Appeal Ordinance to appeal to the Court of Final Appeal against an award made by a presiding officer in the Labour Tribunal dated 7 November 1995, as varied by the order of the High Court on appeal dated 1 March 1996. The net result of the proceedings was that the applicant was adjudged liable to pay to the respondents $4,255.83 on their counterclaim.

3. The applicant sought leave under s35A of the Labour Tribunal Ordinance to appeal to the Court of Appeal, on the ground that a question of law of general public importance was involved in the matter. Liu JA dealt with that application on 14 March 1996 and dismissed it. He considered that there was no point of law which was remotely arguable.

4. On 18 February 1998, nearly two years after the dismissal of the application by Liu JA, the applicant sought an extension of time to appeal to the Court of Final Appeal.

5. In his application for leave to appeal out of time, the applicant has made allegations of impropriety against various persons at different levels. On what he has put before us, we are in no position to evaluate the factual basis of those allegations. He is well out of time in making his application and has put forward no reasonable explanation why the application is made so late.

6. The application is dismissed.

(Henry Litton) (Charles Ching) (K. Bokhary)
Permanent Judge Permanent Judge Permanent Judge

Representation:

Applicant, Mr. CHENG Chen-sing, Robert in person, present

Respondent, Messrs Arnberger, Kim, Buxbaum & Choy, in person, absent

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