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C
A
1.
seeks a declaration in the following terms :
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2.
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“A declaration that Ms Chow has since 23 June 2023 (when the
Writ of Summons was served on her) been a party to these
proceedings, although not named on the record, and a defendant
in these proceedings under section 2 of the High Court Ordinance
(Cap 4);”
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By a Summons dated 21 August 2023, Ms Chow Hang Tung
It should first be made clear what this application is and is not.
This application is NOT about whether Ms Chow has a right to be heard in
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this action. If she is not a party to this action, she is free to apply to be
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joined either as a party or as an intervener.
This application is about
whether Ms Chow is correct that she is a party to this action by operation
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of the applicable law and rules of the Court.
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3.
Having considered the skeleton arguments lodged by the
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parties (including one from the Plaintiff (“SJ”) dated 6 July 2023), I see no
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need for an oral hearing to determine this application. It can be disposed
of on paper as agreed by the parties.
4.
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There is a Decision of this Court dated 28 July 2023 1
(“Decision”) by which the SJ’s application for an interlocutory injunction
(“Injunction”) against the Defendants was determined.
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It will be seen
from the procedural history below that Ms Chow did not participate at the
hearing of the Injunction.
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The Decision is under appeal by the SJ
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1
[2023] HKCFI 1950.
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