|
FAMV No. 299 of 2023
[2023] HKCFA 39
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 299 OF 2023 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACV NO. 97 OF 2020)
________________________
|
BETWEEN
|
|
|
FIRST LASER LIMITED
|
Plaintiff
|
|
|
(第一激光有限公司)
|
(Applicant)
|
|
|
and
|
|
|
|
FUJIAN ENTERPRISES (HOLDINGS) COMPANY LIMITED
|
1
st
Defendant
|
|
|
|
(1
st
Respondent)
|
|
|
(華閩(集團)有限公司)
|
|
|
|
JIAN AN INVESTMENT LIMITED
|
2
nd
Defendant
|
|
|
|
(2
nd
Respondent)
|
________________________
|
Appeal Committee:
|
Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Chan NPJ
|
|
Date of Hearing and Determination:
|
13 November 2023
|
|
Date of Reasons for Determination:
|
21 November 2023
|
__________________________________
REASONS FOR DETERMINATION
__________________________________
Mr Justice Ribeiro PJ:
1.
After hearing Leading Counsel for the applicant and without calling on the respondent, this Application was dismissed with costs awarded to the respondent for the reasons which we now provide. It is a Determination of unusual length necessitated by the complex background and voluminous judgments involved.
2.
The applicant, First Laser Limited (“
First Laser
”), a Macau company, was controlled by Mr Ngan In Leng (“
Ngan
”) along with Hang Wo Properties Investment and Management Company Limited (“
Hang Wo
”) and Casix Optronic Manufacturing Ltd (“
COM
”).
3.
The respondent, Fujian Enterprises (Holdings) Co Ltd (“
FEHC
”), is a Hong Kong company owned by the Fujian Provincial People’s Government involved in the production of crystals for use in the field of optronics. Its operating subsidiaries were Fujian Casix Laser Inc (“
FCL
”) and Fuzhou Casix Optronics Inc (“
FCO
”), both Mainland corporations.
4.
In 2001, First Laser brought proceedings in Hong Kong against FEHC
[1]
for breach of contract. This led eventually to an appeal before this Court
[2]
which, in 2012, ordered an issue concerning restitution under that contract to be remitted to the trial judge, DHCJ Anthony To, to be determined in accordance with Mainland law. His Lordship’s judgment, issued after trial of the remitter,
[3]
was then successfully appealed by FEHC to the Court of Appeal.
[4]
First Laser now applies to the Appeal Committee for leave to appeal against that Court of Appeal decision.
A. The factual background
5.
Ngan and FEHC wished to form a joint venture for the production of optronics crystals in Macau. They entered into three agreements all dated 12 December 1996, involving the abovementioned companies. However, those agreements were superseded by the First Laser Agreement dated 28 December 1996 (“
FLA
”)
| 
Back
