CAMP 338/2023, [2024] HKCA 735

On appeal from [2023] HKFC 125

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 338 OF 2023

(ON AN INTENDED APPEAL FROM FCMC NO 4633 OF 2020)

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J U D G M E N T

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Hon Kwan VP (giving the Judgment of the Court):

1. This is a renewed application for leave to appeal against the decision of HH Judge George Own dated 30 June 2023 (“ Decision ”) [1] , by which he dismissed the respondent husband’s recusal application. The judge also refused to grant leave to appeal in a decision dated 20 October 2023 (“ Leave Decision ”) [2] . The husband made a renewed application to the Court of Appeal for leave to appeal by a summons filed on 3 November 2023 (“ Leave Summons ”).

2. In this judgment, we will refer to the petitioner wife as the “ wife ” and the respondent husband as the “ husband ”.

3. Ms Anita Yip SC leading Mr Ken Chan have filed written submissions on behalf of the husband in November 2023 in support of his renewed leave application. Ms Theresa Chow and Mr Adrian Kwan have file written submissions on behalf of the wife in November 2023 to oppose the application.

4. Having considered the written submissions, on 27 February 2024, directions were given by the Court of Appeal for a short rolled-up hearing of the Leave Summons, and, if leave to appeal be granted, the hearing was to be treated as the substantive hearing of the appeal. The purpose of the oral hearing was to ascertain if there is anything of importance in addition to the evidence and submissions already advanced, as the application would need to be handled with extra care in light of the serious nature and consequence. The parties were given leave to lodge short additional submissions and have done so in July 2024.

5. On 14 March 2024, the husband filed a summons in the Court of Appeal for a stay of execution of the Decision pending his intended appeal against the Decision (“ Stay Summons ”) [3] . The Stay Summons also seeks an interim stay pending determination of the Leave Summons, alternatively that all proceedings in this matter be heard by a different judge in the Family Court in the interim. This summons is made on the basis that he has a strong appeal and would suffer grave prejudice in the absence of a stay, as the judge would continue to make orders and decisions that are biased against him.

6. On 22 March 2024, we refused to grant an interim stay and the alternative interim relief that all proceedings be heard by a different judge. We directed the Stay Summons to be heard with the Leave Summons at the rolled-up hearing.

Background

7. The parties have prepared detailed chronologies for the court, which we have taken in