3 Oct 2024法庭線#4114
持學聯會址物業公司入稟要求披露帳目等 公司指已和解終止訴訟
The HKFS and Student Activities Fund Limited, which holds the property housing the headquarters of the Hong Kong Federation of Students (HKFS), filed a claim in the District Court in July 2023 seeking an order requiring HKFS to disclose its accounts and return the keys and possession of two headquarters premises. The plaintiff said the defendants had the power to control HKFS’s bank accounts, creating a risk that its assets could be misused. A judge granted an injunction freezing HKFS’s bank accounts.
The case was heard in the District Court on Wednesday (the 3rd). The plaintiff said the parties had reached an out-of-court settlement and applied to discontinue the proceedings and withdraw the interim injunction previously sought from the court to freeze HKFS’s accounts. The application was approved by Master Yip Hei (BATP) Chan. The parties also disputed costs, which the Master adjourned for determination in writing.
持有香港專上學生聯會(學聯)會址物業的「學聯及學生活動基金有限公司」,2023 年 7 月入稟區域法院,要求頒令學聯披露帳目,以及交還兩個會址的鎖匙及管有權。原告方指被告人有權控制學聯銀行戶口,有風險不當地使用資產,獲法官批出禁制令凍結學聯銀行戶口。
案件周三(3 日)在區域法院聆訊,原告方指,雙方已達成庭外和解,申請終止法律程序及撤回早前向法庭申請凍結學聯戶口的臨時禁制令,獲聆案官陳業禧批准。雙方另爭議訟費,官押後以書面形式處理。
30 Sept 2024法庭線#4099
大坑西邨重建 再有居民入稟求擱置收樓裁決 平屋質疑「係咪有組織去拖延」
Tai Hang Sai Estate in Shek Kip Mei is to be demolished and redeveloped. The Hong Kong Settlers Housing Corporation Limited, which built and manages the estate, has brought civil proceedings against 67 residents who refused to move out. Another resident who was ordered to leave after losing the case in their absence has filed an application seeking to stay the judgment, re-submit a defence and remove the lock on the flat, among other requests. The case was dealt with at the District Court on Monday (30th). The resident’s son said they had never received notice requiring them to attend court. He said the housing company later proposed a settlement and required them to “hand over the flat first before signing the agreement”. He accused the company of “tricking us into handing over the keys”, adding that his mother had been unable to retrieve her winter clothing from the flat.
The company confirmed that no settlement had been reached, but said that “as far as the repossession process is concerned, we consider it completed”. It also referred to the handover documents, which stated that items left inside the flat would be discarded or cleared away.
The company further said that, “coincidentally”, it had dealt with a similar case the previous week, and noted that the first two paragraphs of the summonses in the two cases were similar. It questioned whether there was “an organised and planned attempt to delay these cases”.
Deputy District Judge Luk Wai-nga adjourned the case to 16 December for further hearing, pending the filing of affidavits by both sides.
石硤尾的大坑西邨將清拆重建,興建與管理該邨的「平民屋宇有限公司」以民事控告 67 名拒絕遷出的居民。再有因缺席聆訊被判敗訴需遷出的居民,入稟要求擱置裁決、重新呈交抗辯書、移除單位上鎖等,案件周一(30 日)在區院處理。
居民的兒子稱從未收到通知上庭,後來「平屋」提出和解並要求「先交單位後簽合約」。他指對方「氹我哋交鎖匙」,其母的冬天衣物亦沒法取回。「平屋」一方確認未達成和解,「但係收樓程序我哋話完成咗」,又引述交還文件指提及單位內物品會棄置或清理。
「平屋」一方另指,「咁巧合」上周處理過類似案件,而兩案的傳票首兩段相似,質疑「係咪有組織、有計劃去拖延呢一啲案件嘅情況呢?」聆案官陸惠雅押後至 12 月 16 日再訊,待雙方呈交誓章。
Translations are supplied by the source workbook. Consult the original reporting for context.