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Leung Sze Ho Albert v. The Bar Council of the Hong Kong Bar Association

Read the full judgment text of FAMV 13/2017 on BabelCite. This Court of Final Appeal judgment was delivered on 16 August 2017 before Ribeiro PJ, Tang PJ, Fok PJ.

1. We are satisfied that the following questions of law are involved in the proposed appeal and grant leave to appeal to the applicant to raise them before the Court:

Legal issues: Leave to appeal to Court of Final Appeal - standard for granting leave

Outcome: Leave to appeal granted

Cited by 1 case

Case No.FAMV 13/2017
Court
Court of Final Appeal
Date16 Aug 2017
JudgeRibeiro PJ, Tang PJ, Fok PJ
Case Document
100%Judiciary

FAMV No. 13 of 2017

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 13 OF 2017 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO. 246 OF 2015)

____________________

BETWEEN

  LEUNG SZE HO ALBERT Applicant
(Applicant)
  and
  THE BAR COUNCIL OF
THE HONG KONG BAR ASSOCIATION		 Respondent
(Respondent)

____________________

Appeal Committee : Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination : 16 August 2017

________________________

DETERMINATION

________________________

Mr Justice Fok PJ :

1.We are satisfied that the following questions of law are involved in the proposed appeal and grant leave to appeal to the applicant to raise them before the Court:

(1) Whether Article 33 of the Basic Law is confined to protecting residents only against being forced to work in any particular field of occupation against their wish, or whether, on a correct construction, it encompasses also the freedom to work in any particular field of occupation of his choice?

(2) Whether Paragraph 23 of the Code of Conduct of the Bar engages Article 33 of the Basic Law and, if so, whether it, or any material part thereof, is sufficiently certain as to be prescribed by law and a proportionate restriction on such constitutional right?

2.The appeal will be heard on 16 January 2018.

(R A V Ribeiro)
Permanent Judge		 (Robert Tang)
Permanent Judge		 (Joseph Fok)
Permanent Judge

Mr Philip Dykes SC and Mr Timothy Parker, instructed by Jal N. Karbhari & Co., for the Applicant (Applicant)

Mr Benjamin Yu SC, Mr Abraham Chan SC and Mr Anthony Chan, instructed by Kwok, Ng & Chan, for the Respondent (Respondent)

Cited by 1 case

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