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Written by: Li Huina
2021-04-13 15:58
Last update date: 2021-04-13 15:58
Former Legislative Council Member Xu Zhifeng, who has declared exile overseas, filed a petition early last year, asking the police to disclose the chemical composition of the tear gas bomb.
After Xu went into exile, he applied to the court to abandon the litigation through a lawyer, but suddenly changed his mind last week, wanted to continue the litigation, and decided to withdraw his application to abandon the litigation.
The High Court opened a court session today (13th). The judge believed that Xu had clearly stated to abandon the litigation in February of this year, but now he applied for withdrawal, which was an abuse of the procedure and refused to apply. Finally, he ordered the termination of the litigation in this case, and allowed to pay the litigation fee, so he withdrew the abandon The application for litigation has to pay punitive costs.
The plaintiff, Xu Zhifeng, was alerted to the Director of the Department of Affairs.
Xu applied for abandoning the lawsuit in February this year, but suddenly changed his mind last week and wanted to continue the lawsuit in this case.
The Department of Justice says it was too late to apply
The barrister representing Xu Zhifeng applied today to withdraw his earlier application for abandoning the continued litigation, and after explaining that he had obtained further legal opinions, he decided to continue the litigation in this case. However, the Attorney General believed that Xu made the withdrawal application too late, causing damage to the defendant.
Officially ordered the case to be officially terminated
Judge Chen Jiaxin believed that Xu had made it clear in February that he would not continue the lawsuit, and later changed his mind to continue the lawsuit. It was an abusive procedure. Xu did not provide sufficient reasons. In addition, he had been represented by a lawyer and obtained legal advice. Rejecting Xu's application also issued an order to formally terminate the procedure in this case.
Punitive costs
The Attorney General believes that Xu abused the procedure and asked him to pay punitive costs for withdrawing the application for abandonment of the lawsuit; Xu’s case retorted that Xu did not commit malicious acts, even if the act made the defendant feel unpleasant, it does not mean that he has to pay punitive litigation. fee.
Chen Guan believes that Xu indeed involved abusive procedures in withdrawing the application for abandonment of the lawsuit and ordered him to pay punitive costs and also to pay the remaining costs of the case.
Case Number: HCMP 79/2020
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Xu Zhifeng Lawsuit Tear Gas Court
