Sam Woo Marine Works Ltd v. The Incorporated Owners of Po Hang Building

FAMV No. 21 of 2016

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 21 OF 2016 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMP NO. 415 OF 2014)

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BETWEEN

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DETERMINATION

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The Appeal Committee:

1.On the basis that this decision is made without prejudice to the consideration by the Court of Final Appeal of the certified questions, we give leave to appeal on the following questions of great general or public importance: -

(1) Is s 63B of the District Court Ordinance, Cap 336 inconsistent with Article 82 of the Basic Law of the Hong Kong Special Administrative Region and thus unconstitutional?

(2) Does the CFA have jurisdiction to entertain an appeal from a judgment of the CA refusing leave to appeal to it?   

2.Consideration by the Appeal Committee of the 3^rd Question sought to be certified by the applicant as well as the “or otherwise” grounds to be adjourned until after the determination of the 2 certified questions referred to.

3.The appeal will be heard on 15 May 2017.

Mr Martin Lee SC, Ms Queenie Ng and Mr Lee Siu Him, instructed by K.H. Lam & Co., for the Defendant (Applicant)

Mr Lawrence Ng, instructed by Lam & Partners, for the Plaintiff (Respondent)

Mr Wong Yan Lung SC, instructed by the Department of Justice, and Mr William Liu SGC, of that Department, for the Intervener