Read the full judgment text of HCMP 3417/2016 on BabelCite. This COURT OF APPEAL judgment was delivered on 18 July 2017 before Hon Lam VP, Kwan and Barma JJA.
Arbitration Ordinance (Cap 609) — Section 81(4) — finality of refusal of leave to appeal — constitutionality upheld — Section 14AB of the High Court Ordinance — bar on further appeal — procedural law — constitutional challenge raised belatedly — appropriateness of raising constitutional issues at leave application stage. The Plaintiffs applied to set aside an arbitral award; their application and leave to appeal were dismissed by the Court of Appeal relying on the binding authority China International Fund Ltd v Dennis Lau and statutory finality provisions. The court held the refusal of leave under Section 81(4) is final and not appealable to the Court of Final Appeal due to Section 14AB. Belated constitutional arguments challenging Section 81(4) were not entertained as they should have been raised at the original application stage. The motion seeking leave to appeal from the refusal of leave to appeal was dismissed, affirming the finality principle in arbitration-related appeals.
Legal issues: Constitutionality of Section 81(4) of the Arbitration Ordinance · Effect of Section 14AB of the High Court Ordinance on right of appeal · Appropriate stage for raising constitutional arguments
Outcome: Motion for leave to appeal to the Court of Final Appeal dismissed
Cited by 7 cases · Cites 2 cases