Privy Council sends case back

Former barrister Michael Ford's long battle with China Light and Power was sent back to Hong Kong yesterday. The Privy Council ruled the Court of Appeal was wrong in an earlier hearing and must examine his case again.

Mr Ford, declared bankrupt as a result of the case, was dismayed by the result, although it was technically a victory.

'It is very unlikely that I will go back,' he said after the hearing.

Two days had been set down for the Privy Council to listen to his appeal, but rather than examine the issue, the five judges ordered the Court of Appeal judgment set aside and a fresh hearing.

The legal saga began when Mr Ford, who now lives in Britain, appeared for CLP at an inquest into the deaths of Wong Kwong-yu, 38, and Yip Ka-pui, 40, after an explosion at Castle Peak power station on August 28, 1992.

During the inquest, CLP sacked Mr Ford who later claimed documents had not been presented to the coroner, leading to a second inquest at which the jury brought a verdict of death by lack of care.

That verdict was later overturned by judicial review and the original accidental death verdict reinstated.

CLP was awarded damages and Mr Ford, who has claimed a cover-up into the deaths, appealed to the Privy Council for the CLP case to be dismissed.

Yesterday his counsel, Lord Thomas QC, said Mr Ford did not want the case referred to Hong Kong.

'He has genuine fears for his own safety if he were to return to Hong Kong at all,' he added.

Michael Beloff QC, for CLP and Castle Peak Power, disputed Mr Ford's allegations.