CHOW KIN HANG ALI V. SECRETARY FOR JUSTICE FOR AND ON BEHALF OF FOOD AND ENVIRONMENTAL HYGIENE DEPARTMENT

[2025] HKCA 324 Court of Appeal 10 April 2025 • CACV99/2023 • 26 min read

13 cases cited (0 HK, 13 foreign)

Outcome

Appeal dismissed

The appeal is dismissed.

Source: [2025] HKCA 324, Court of Appeal, decided 10 April 2025. Read directly from the judgment.

Judges (3)

Au Coram Chow Coram Chu Coram

Counsel (2)

Tony Kan & Co Firm Carol Lee Counsel Respondent

Parties (2)

Secretary for Justice for and on Behalf of Food and Environmental Hygiene Department Respondent Chow Kin Hang Ali Applicant

Case Significance

Chow Kin Hang Ali v Secretary for Justice for and on Behalf of Food and Environmental Hygiene Department [2025] HKCA 324 is a Court of Appeal decision dated 10 April 2025 arising from a prosecution under the Crimes Ordinance, including section 44, engaging also the Employment Ordinance, the Rules of the District Court and the Rules of the High Court. The Court of Appeal dismissed the appeal, holding: 'The appeal is dismissed.'

The court's reasoning drew on the District Court ruling in [2023] HKDC 237, the Court of Appeal authorities [2023] HKCA 1246 and [2020] HKCA 707, the Court of First Instance decision in [2023] HKCFI 1681, the Court of Final Appeal rulings [2019] HKCFA 22, (2009) 12 HKCFAR 581 and (2006) 9 HKCFAR 103, the Law Reports decisions [2023] 1 HKLRD 1043, [2018] 2 HKLRD 186, [2019] 5 HKLRD 515 and [2013] 5 HKLRD 225, and the UK Supreme Court authority [2017] UKSC 67.

Summary

Chow Kin Hang Ali, a litigant in person, appealed against a District Court judgment dismissing his personal injury claim against the Secretary for Justice on behalf of the Food and Environmental Hygiene Department. The Court of Appeal considered multiple grounds of appeal and delivered a comprehensive judgment on the factual and legal issues.

What did the Court of Appeal decide in Chow Kin Hang Ali v Secretary for Justice ([2025] HKCA 324)?

The Court of Appeal dismissed the appeal in Chow Kin Hang Ali v Secretary for Justice for and on Behalf of Food and Environmental Hygiene Department [2025] HKCA 324, a matter under Crimes Ordinance section 44, holding simply that 'the appeal is dismissed.'

What legislation was engaged in Chow Kin Hang Ali v Secretary for Justice ([2025] HKCA 324)?

The appeal in Chow Kin Hang Ali v Secretary for Justice for and on Behalf of Food and Environmental Hygiene Department [2025] HKCA 324 engaged the Crimes Ordinance, including section 44, together with the Employment Ordinance and procedural rules of the District Court and High Court.

Statutes Cited

Crimes Ordinance (Cap 200)

s 44

Employment Ordinance (Cap 57)

Rules of the District Court (Cap 336H)

Rules of the High Court (Cap 4A)

Cases Cited (13)

UK (2)

[2004] UKHL 13 [2017] UKSC 67

HK (11)

(2006) 9 HKCFAR 103 (2009) 12 HKCFAR 581 [2013] 5 HKLRD 225 [2018] 2 HKLRD 186 [2019] 5 HKLRD 515 [2019] HKCFA 22 [2020] HKCA 707 [2023] 1 HKLRD 1043 [2023] HKCA 1246 [2023] HKCFI 1681 [2023] HKDC 237