Clp Power Hong Kong Ltd v. Commissioner of Rating and Valuation

CACV 202/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 202 OF 2015

(ON APPEAL FROM LDGA NO. 241 OF 2004 AND LDRA NOS. 365-369 OF 2004)

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D E C I S I O N

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Hon Cheung JA (giving Decision of the Court) :

1.The Commissioner applies for leave to appeal to the Court of Final Appeal against our judgment of 2 February 2016.

2.We consider the interpretation of section 8A of the Rating Ordinance (Cap. 116) does involve questions of great general or public importance as elaborated by the Commissioner at paragraphs 1-5 of the Notice of Motion.  On such basis, the question of remittance should also be considered by the Court of Final Appeal as well.  Accordingly, we will grant leave to appeal with the amount of security to be decided by the Court of Final Appeal.

3.Costs of the application be in the cause of the appeal with certificate for two counsel.

Written Submissions by Mr David Elvin QC and Mr John Litton, instructed by Holman Fenwick Willan, for the appellant

Written Submissions by Mr Benjamin Yu SC and Ms Yvonne Cheng SC, instructed by Department of Justice, for the respondent