Fok Siu Wing v Independent Commission Against Corruption

Court:Court of Final Appeal (Hong Kong)
Judgement Number:FAMV9/1998
Judgment Date:08 Jun 1998
FAMV000009/1998 FOK SIU WING v. INDEPENDENT COMMISSION AGAINST CORRUPTION

FAMV000009/1998

NOT FOR CIRCULATION
FAMV No. 9 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 9 OF 1998 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV No. 814 OF 1998)

_____________________

Between:

FOK SIU WING

Applicant

AND

INDEPENDENT COMMISSION AGAINST CORRUPTION

Respondent

_____________________

Appeal Committee:

Chief Justice Li, Mr Justice Bokhary, PJ and
Mr Justice Nazareth, NPJ

Date of Hearing: 8 June 1998

Date of Determination: 8 June 1998

_____________________________

D E T E R M I N A T I O N

_____________________________

Mr Justice Bokhary, P.J.:

1. This is the determination of the Appeal Committee in this application for leave to appeal to the Court of Final Appeal. The application arises in the following way.

2. Some years ago this applicant, Mr Fok Siu Wing, was arrested by the Independent Commission Against Corruption ("the ICAC") on suspicion of corruption offences. Two charges were brought against him. One was of soliciting an advantage. The other was of accepting an advantage. He was tried before a Magistrate. The Magistrate acquitted Mr Fok on the soliciting charge, but convicted him on the accepting charge. Mr Fok then appealed to the High Court against that conviction. And his appeal succeeded. The conviction was quashed: with the judge hearing the appeal saying that he had "a lurking doubt". That was in late 1995.

3. On 21 August 1997 Mr Fok started a civil action in the High Court against the ICAC. Throughout such civil litigation he has acted in person. He now acts in person before us.

4. His Statement of Claim reads as follows:

"(1) There had been falsification of charge(s) and making of unfounded accusations.

(2) I had been kept in custody without any proof of crime, had been inflicted with ferocity on my neck an injury that might kill and had been forced to own up to the falsified charge(s).

(3) There had been outraging of human rights, using of violence strictly prohibited in law and taking by force of me one photograph which depicts an insult to my personality.

(4) The Independent Commission Against Corruption had made use of unwarranted charge(s) to harm me and my whole family. As a result, I have been out of work for almost three years; I might even become unemployed for the rest of my life. A serious wound had been caused to such an exceptionally unfortunate family and all members of the family hence are mentally hurt to the extreme. The court is therefore requested to order an award of exemplary damages against the Independent Commission Against Corruption in the sum of two million Hong Kong dollars."

That amounts to a pleading of two causes of action: malicious prosecution and assault.

5. The ICAC applied for the striking out of Mr Fok's Statement of Claim and the dismissal of his...

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