Th and Another v. Director of Immigration

CACV 224/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 224 OF 2015

(ON APPEAL FROM HCAL NO. 114 of 2014)

_______________________

_______________________

_________________

JUDGMENT
_________________

1.Having considered the submissions of the parties, I agree with Mr Chang that CACV 224 of 2015 should not be listed together with CACV 9 of 2015 and CACV 103 and 134 of 2015. There are distinct issues in CACV 224 of 2015 which need not be canvassed in the other appeals. As a matter of case management, I am of the view that those distinct issues merit separate consideration and they should not be loaded into the hearing on those other appeals.

2.Further, insofar as common issues are concerned, there is no suggestion that counsel in those other appeals would not argue the same competently and fully. 

3.In my judgment, those other appeals should be heard first.  The judgment in those appeals may narrow down the issues in CACV 224 of 2015.  I would also direct that the CACV 224 of 2015 shall be heard by the same division hearing those appeals.

4.As regards whether CACV 224 of 2015 should be heard at the same time as a possible appeal in the case of AH v Director of Immigration HCAL 32 of 2015, it is not a question before me.  If necessary, that can be considered when the necessary application is made.

5.I further observe that summonses asking for several appeals to be heard together should be taken out in all the appeals concerned instead of merely issuing a summons in CACV 224 of 2015.  The court needs to hear all the parties concerned.  As there are other parties in those other appeals, they are entitled to have their views canvassed before the court decides whether the appeals should be heard together.

6.It does not matter in the present instance as I decide that CACV 224 of 2015 should not be heard together with the other appeals.

7.I also order that the costs of this application be costs in the cause of the appeal as I consider it reasonable for the solicitors for the Applicants to bring these matters to the court’s attention so that the court can reach a proper case management decision on the conducts of these appeals.  I also grant legal aid taxation in respect of the Applicants’ own costs.

Mr P Y Lo, instructed by Daly & Associates (DLA), for the 1^st and 2^nd applicants.

Mr Jonathan Chang, instructed by the Department of Justice, for the respondent.