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

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)

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BETWEEN

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DETERMINATION

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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.

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)