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Kwok Cheuk Kin v. Secretary for Constitutional and Mainland Affairs

Read the full judgment text of FAMV13/2016 on BabelCite. This Court of Final Appeal judgment was delivered on 29 September 2016 before Chief Justice Ma, Mr Justice Tang PJ, Mr Justice Fok PJ.

1. Leave is granted on the following question of great general or public importance:

Legal issues: Constitutionality of section 39(2A) of the Legislative Council Ordinance

Outcome: Leave to appeal granted on a question of great general or public importance.

Case No.FAMV13/2016
Court
Court of Final Appeal
Date29 Sep 2016
JudgeChief Justice Ma, Mr Justice Tang PJ, Mr Justice Fok PJ
Case Document
100%Judiciary

FAMV No. 13 of 2016

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 13 OF 2016 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV 57 OF 2014)

_______________________

BETWEEN

  KWOK CHEUK KIN
 Applicant
  and
  SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS Respondent

_______________________

Appeal Committee: Chief Justice Ma, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination: 29 September 2016

_______________________

DETERMINATION

_______________________

The Appeal Committee:

1.Leave is granted on the following question of great general or public importance:

Is section 39(2A) of the Legislative Council Ordinance, Cap.542 inconsistent with Article 26 of the Basic Law of the Hong Kong Special Administrative Region and/or Article 21 of the Hong Kong Bill of Rights, and therefore unconstitutional?

2.The appeal will be heard on 20 June 2017.

(Geoffrey Ma)
Chief Justice		 (Robert Tang)
Permanent Judge 		(Joseph Fok)
Permanent Judge


Mr Hectar Pun SC and Mr Newman Lam, instructed by Ho Tse Wai and Partners, assigned by Director of Legal Aid, for the Applicant

Mr Johnny Mok SC and Mr Jin Pao, instructed by the Department of Justice, for the Respondent