Merrill Lynch (Asia Pacific) Limited

"the Plaintiff repeatedly heaped one unmeritorious application upon another and in the process occasioned substantial waste of judicial resources which could have been more meaningfully utilised on other cases".

"In view of the propensity of the Plaintiff in abusing the process of the court, we also direct that she may not lodge further representations to this court without leave and any representations from her without leave would be returned to her without being read."

"Since the plaintiff had failed to turn up twice on a similar application with no credible explanation or with supporting documents like medical certificates to explain her absence, in my judgment, this clearly amounts to an abuse of process and wasting of the precious resources of the court."

No, you can't appeal to the same court against its decision not to grant leave to appeal. Otherwise you end up in an infinite loop.

Ms Yung's application for discovery of a report by the Office of the General Counsel of Merrill Lynch is refused on the grounds of legal professional privilege.

Jessie Yung Mei Chun fails in her appeal against the PCPD's decision not to pursue a complaint about the use of various addresses by Mr Chan Sing Chuen in an attempt to enforce a judgment against her.

This is possibly a record in which 3 appeals by the same person were to be heard in one go, although one was immediately dropped.

Presiding chairman Yung Yiu Wing rules that the PCPD cannot investigate itself, and the latest appeals of Jessie Yung Mei Chun are dismissed.

In the case related to the shares of Chaoda (0682), the MMT finally gets around to publishing a referral that it was sent on 25-Jul-2011. We call on the Financial Secretary and the MMT to publish such documents when filed in future.

Andrew Mak Yip Shing, for the AAB, rejects the appeal. Jessie Yung Mei Chun had applied for correction of alleged personal data in a termination letter and in a filing by Merrill Lynch with the SFC. The AAB rules that the employer's assessment of an employee is the employer's data, not the employee's personal data, and that in any event, the PCPD and AAB should not get involved in such matters which are covered by other legislation.

In a majority AAB decision, Andrew Mak Yip Shing upholds Merrill Lynch's claim to legal professional privilege over a report relating to former employee Jessie Yung Mei Chun by its Office of General Counsel, and that it therefore does not have to be provided in response to her data access request. Simon Lam Ken Chung, in the minority, opines that the report does not seem to provide any legal advice or assistance and is therefore not protected just because it was written by a lawyer.