1. Since 2000, Miss Ma Guizhen lawsuit in the High Court involving no less than thirty-two (sometim

Who average wage which is our report on the vexatious disposal of Judgment of the High Court of the HKSAR Court of First Instance. Judgments are made in the background: Since 2000, Miss Ma Guizhen in the High Court litigation involving less than thirty-two, in these cases, some Ma accused the judiciary to handle her case, the court alleged improper conduct, corruption bribery, conspiracy, Chief Justice refused her request, central bank lexington ky she put the Chief Justice as a defendant to be sued, some lawyers for the accused on behalf of the person he filed a complaint, central bank lexington ky which, in April 2005 to June conducted among a total of nine cases, the case of the accused are all public figures, including the Hong Kong Government, the former Chief Secretary, the Chief Justice, central bank lexington ky legislators, judges central bank lexington ky and related staff, SJ, Director of Public Prosecutions, Hong Kong Bar Association and its President, Vice-President, Bar Association and its President, Vice President, and Vice President of Hong Kong University, law department and staff, former central bank lexington ky Chief Justice, the former Chief Secretary, "Ma has been completely out of control, become an unquenchable litigants, she carried out a lawsuit central bank lexington ky to the people arbitrarily, central bank lexington ky without regard to whether it is meritorious claims. " Based on this, the Secretary for Justice, "as a guardian of the public interest", "civil law is necessary to prevent abuse," Ms. Ma for this kind of "inertia and frequent abuse of legal persons", according to "the High Court Ordinance "Article 27 of the Constitution, requested the court to exercise jurisdiction solid to prevent abuse of the judicial process.
Judgments to be more convincing judgment, in deciding a case book introduces the "Introduction" section, noted that "court proceedings is not a personal matter, even a civil dispute, the court claims itself is a public act," statements made by litigants in judicial proceedings, and enjoy certain privileges, "legal reason to give such privileges, as well as the right to force the other side to act in this way, of course, the big reason, but on the other hand, if someone central bank lexington ky abuse of these proceedings, it the other would bring unnecessary annoyance, anxiety, pain and loss of money "and therefore," to ensure that there is no abuse of the court process is extremely important, and any person shall be overly curb abuse of the court process. " Judgment In the next part, mainly in the application of Article 27, "the High Court Ordinance" as the main, the behavior of Ma's performance, understanding and application of Article 27, vexatious central bank lexington ky complaint disposition to a more detailed description . It should be said that this is a very rare Judgment, question the merits of his case unusual, citing abundant case, the judge's reasoning were full of memorable, I believe this will give readers of judgments given a new dimension feelings hereby recommended.
Date of Hearing: central bank lexington ky September 20, 2005
1. Since 2000, Miss Ma Guizhen lawsuit in the High Court involving no less than thirty-two (sometimes, even more than in the same case interlocutory applications and appeals). central bank lexington ky Among these lawsuits, central bank lexington ky there are 28 proposed by her. In cases where a lawsuit, one of the owners of the company Miss Xiang Ma opened Chasemax Investment Limited civil action to recover rent arrears grounds to the court for possession of the building. central bank lexington ky Chasemax also made a counterclaim. In the remaining three cases lawsuit, Ms. Ma is accused, and that there is a case of three cases among law firms for her and for injunction relief, forbade her to her law firm and prohibit harassment of its staff. The last one remaining is the bank asked her civil suit to recover her loan repayments. In these lawsuits, Ma generally personally appear in court, not represented.
2. If a lawyer central bank lexington ky online, and the Internet or any other person, to the Judiciary website, browse legal reference data page Search by Ma or a party of Chinese companies in the judgment, when the court will find that the number Ma indeed comparable seasoned barrister. In particular, central bank lexington ky it should be noted that: behind central bank lexington ky all these Judgments handed down, is the large number of court resources spent in preparing the hearing, and the judge presiding at the hearing and write Judgments job. This means that in such a case, other cases have to wait longer to get heard before. In the lawsuit involving Ms. Ma, the other party but also because the need to hire a lawyer to prepare a case and to appear in court costs incurred. In these lawsuits, Ms. Ma were losing a lot of time, the court also handed down command judgment costs paid by her. The seats do not know the legal costs of these proceedings party can retrieve the number, but I believe this seat will not be able to retrieve a lot. Court in August 8, 2005 Miss Zeng Duima awarded under the bankruptcy order.
3. Sometimes, it's easy to ignore some very obvious things. To seek justice court judgment by which every person enjoys the fundamental rights, and the rights of the court is bound to try to defend. However, if this right is equivalent to unrestricted free, free to casually proceedings, it would be wrong. Court proceedings is not a personal thing. Even the civil dispute, the court claims itself is a public act. As permanent central bank lexington ky Justice Bokhary when Ng Yat Chi v Max Share Ltd ([2005] 1 HKLRD 473) judgment in the case of paragraph 25 says, to court a claim, central bank lexington ky the plaintiff because the reference mandatory for court proceedings provision, so he is in the exercise of state power. The defendant party must respond to the claim in the lawsuit brought by him; and if the response, then the plaintiff can enter judgment in default action taken to court. Then, he can also use the power of the courts to enforce the judgment.
4. litigants statements made in judicial proceedings, enjoy certain privileges. If his statements involve slander, he will receive guarantees not to take responsibility. He enjoys the right of immunity from prosecution. central bank lexington ky Litigants can force the other proceedings central bank lexington ky or disclose data disclosure documents. These files or data can not be disclosed otherwise, of a confidential nature, if not action, then, is not to be disclosed or revealed. In addition, he also has the right to a third party to make to order the summons to testify, and this third party itself may not wish to be involved in the dispute central bank lexington ky concerning. When the trial in the case, if the litigants with his opposite central bank lexington ky choice to the witness stand to testify, then he shall be entitled to cross-examine, and its call witnesses for questioning. Legal reason for giving such privileges, as well as the right to force the other side to act in this way, of course, the big reason. But on the other hand, if someone abuse of these proceedings, it will bring unnecessary annoyance, central bank lexington ky anxiety, pain and loss of money to the other party. Therefore, the court must itself dominate central bank lexington ky proceedings. For this reason, although the law is usually carried out by a litigant lawsuit proceedings, but the court itself has inherent jurisdiction to control all of these proceedings to prevent abuse.
5. Most litigants access to justice, it is to or suffered by feelings of injustice and grievances, and seek legal justice court or equatorial grievance. They can pray for legal justice. No doubt, most of them think they litigation, we really central bank lexington ky have sufficient justification. But because man himself is not complete, the minds of litigants fair measure, errors may exist very often. This happens mainly because they may have overlooked something. Very often, they have to wait until the other party has the opportunity to litigation pleadings or evidence submitted after the justifications, it suddenly dawned on generating new ideas to the dispute. Generally, when the commencement of the action in each case can not be expected to necessarily win; for this, even veteran barrister excellence, also not possible for him to hire a court to ensure litigants favor.
11. shall be mentioning: Ma won the judgment in favor of some proceedings. But the focus is not the Ma case in the previous proceedings, whether it is appropriate to seek her legitimate claims, but Ma is routinely and often, in the case where no reasonable grounds to bring proceedings vexatious that the court must exercise its discretion in accordance with the provisions of Article 27, "the High Court Ordinance" to the command issued. While Ms. Ma won the case in a number of proceedings it is true, but Ma can not be used as a reason to point vexatious litigation instituted. Legal arguments to support central bank lexington ky this case is: AG v Lawal ([2004] EWHC 816 (Admin)) and AG v Knight ([2004] VSC 407).
13. In the lawsuit, Ms. Ma routinely central bank lexington ky and frequently put forward central bank lexington ky a large number of interlocutory applications, but most of them are unnecessary and not fully justified. Based on the evidence to the court on behalf of the Secretary for Justice archiving show, in which 32 cases among Ma until July 15, 2005, made a total of 201 applications; and on these lawsuits and appeals, MA Ms. raised at least 23 applications. central bank lexington ky All of these applications shall be heard by a judge, and the allocation of time to deal with. Many Shihai more than one judge is scheduled central bank lexington ky treatment: central bank lexington ky Since always, Ma tendency to run out of channels each appeal. Meaning central bank lexington ky to say: on Masters central bank lexington ky official ruling, she was not satisfied and to appeal to a judge in chambers central bank lexington ky (at least 41 times she refused to accept the ruling of masters such appeal to a judge in chambers); and then again to the Court of Appeal refused to accept Appeal (at least 32 times she made interlocutory appeal to the Court of Appeal). After that, she will apply for leave to appeal to the Court of Final Appeal; if it is rejected, she will turned to the Court for leave to appeal (she at least six times to the Court of Final Appeals Board such an application, but to no avail) .
14. Ma repeatedly disorderly conduct at the hearing. She from time to time on behalf central bank lexington ky of the other party's lawyer abuses. She also accused the judge casually unfounded, but the heart is never feel guilty. The seats do not intend to speak to the judge to repeat her accusations to avoid fueling her arrogance. Justice justifications apply affidavit, central bank lexington ky referred central bank lexington ky to evidence central bank lexington ky first "JF-8" number is a summary listing in court documents, Ms. Ma had made abusive slander. Ma court is well aware that simply can not tolerate her manner of speaking and behavior. In the High Court civil case in 2002 No. 2744 (HCA 2744 of 2002) of the cases, the Court of First Instance judge Carlye Chu in Judgments book May 23, 2002, and had reminded her Ma such behavior would constitute contempt court. In the case of another case the high court civil suit 2002 4095 Number (HCA 4095 of 2002), the Court of First Instance Judge Yi Jun in any book Judgments June 3, 2004, and again criticized Ma in court unreasonably rude behavior.
15. Regrets that: Ma warning given by two judges, turned a deaf ear. On December 2, 2004, when the Court of Appeal to hear civil appeals 197,231,232 2004 and No. 233 (CACV 197, 231, 232 and 233 of 2004), the Ma aimless, accusing the composition of the Court of Appeal not legitimate. Thereafter, though explained to her by the Vice-President of the Court of Appeal patiently explained the Chief Justice is appointed judge of the Court of Appeal central bank lexington ky Carlye Chu additional judges through the legal process central bank lexington ky thing, central bank lexington ky but Ma turned a deaf ear and continue to send non-stop mouth play Pente abusive, slanderous extreme was the Court of Appeal judge. She will even show it to her to see first-hand grab files over, and then accuses the court false instrument.
18. Ma absurd and nonsense about the behavior in court, the above is just one part of the case. The seat is now briefly describe some of the litigation conducted by Ma. April 2005 to June she conducted the proceedings this period can be seen as examples. In the High Court civil case in 2005 No. 612 (HCA 612 of 2005) case, the Ma charged a Legislative Council, referring to the leaders of the central government central bank lexington ky and she defamation Donald Tsang (who later became the Hong Kong SAR CE), and all the people of Hong Kong that she defamation. Ma relief sought include asking the court to make the definition and standard patriotic statement, as well as to the Members claim compensation central bank lexington ky 180,000 yuan. In addition, she accused as members of parliament to support based on a bank in violation of the law and bribe judges central bank lexington ky in Hong Kong, so we asked for compensation 1.98 million yuan.
19. The High Court civil case in 2005 No. 655 (HCA 655 of 2005) case, the Ma sued 20 defendants, including nine of the Legislative Council, and the President of the Bar Association, the Law Society central bank lexington ky and its chairman and deputy chairman, and the University of Hong Kong law professor coefficient. Ma alleged that the judiciary by a "Fujian Gang" under the control of the defendant, who were for the legal profession but did not have to address the issue and set aside the chaos back positive. She assured the defendant to claim compensation 80,000 yuan per person. As for the other defendant, she alleged that they undermine the reputation of the central government leaders, the abuse of freedom of expression. Similarly, she claims to 80,000 yuan per person.
26. In 2005 the High Court civil case No. 1122 (HCA 1122 of 2005) case, the Ma indicted 72 defendants; some of them are the aforementioned lawsuit defendants, some of which have yet to prosecute her justice judicial officer or employee organization. Some of the other new defendants are public figures, such as former Chief Justice of the High Court, the former Chief Secretary, and the National People's Congress (Port) representative. She once again claimed central bank lexington ky that the judiciary of corruption, and a statement by the Chief Justice central bank lexington ky of defamation. She assured the defendant to claim compensation, but the amount of compensation for each different, ranging from 1 to 20,000,000 yuan.
Command in accordance with Article 29. Article central bank lexington ky 27 and awarded under a stringent measures; and people affected by this command intentionally restricted when legal proceedings are not conducted before the Tribunal must first accept the screening. The measure central bank lexington ky on the rationale behind the Court of Appeal had explore Ng Yat Chi v Max Share Ltd ([2005] 1 HKLRD 473) a case. In brief, the Court of Final Appeal that the Court is entitled central bank lexington ky to take appropriate central bank lexington ky measures to make the rights of litigants about access central bank lexington ky to the courts to prevent proceedings being abused. Chief Justice Judgments in paragraph 5 of this to say:
33. "habitually and regularly" This discourse of meaning, with the 'repeat' means. Although the behavior not sustain for a long time, but there must be evidence that the defendant past litigation actions throughout the process, there has been a series of repeated acts of abuse of process. Although many cases show repeated litigation actions related to centralized vexatious claims against a particular person or a rival event a personal grievance, but some repetitive behaviors are proposed for multiple categories of persons (see Case AG v Barker ([2000] 1 FLR 759); AG v Covey ([2001] EWCA Civ 254 Para 48.)). In this respect, central bank lexington ky a reference to the scope of Article 27 go rather than limit orders and limit the application to expand the scope of the proceedings to make more big wide.
34. In addition, in some cases: the number of different lawsuits even if carried out