Apple Daily Ltd. v. The Commissioner of the Independent Commission Against Corruption

Read the full judgment text of CACV 357/1999 on BabelCite. This Court of Appeal judgment was delivered on 26 January 2000.

1. We have decided to refuse this application for leave to appeal to the Court of Final Appeal. We are inclined to think that the questions which the appeal raises are academic for the reasons set out in para. (ii) on pp. 34 and 35 of our judgment. But the actual reason why we are refusing leave is that there are some cases in which the ultimate decision as to whether the Court of Final Appeal should be burdened with an appeal should be made by the Court of Final Appeal itself. We believe that t

Cites 1 case

Case No.CACV 357/1999
Court
Court of Appeal
Date26 Jan 2000
Judge
Case Document
100%Judiciary

CACV000357B/1999

CACV 357/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 357 OF 1999

(ON APPEAL FROM HCMP NO. 7315 OF 1999)

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BETWEEN
APPLE DAILY LIMITED Applicant
AND
THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION Respondent

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Coram: Chan CJHC, Nazareth V-P and Keith JA in Court

Date of Hearing: 26 January 2000

Date of Judgment: 26 January 2000

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J U D G M E N T

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Keith JA (giving the judgment of the court):

1. We have decided to refuse this application for leave to appeal to the Court of Final Appeal. We are inclined to think that the questions which the appeal raises are academic for the reasons set out in para. (ii) on pp. 34 and 35 of our judgment. But the actual reason why we are refusing leave is that there are some cases in which the ultimate decision as to whether the Court of Final Appeal should be burdened with an appeal should be made by the Court of Final Appeal itself. We believe that this is one of those cases.

(Patrick Chan) (G.P. Nazareth) (Brian Keith)
Chief Judge of the High Court Vice-President Justice of Appeal

Representation:

Mr Peter Duncan, instructed by Deacons, Graham & James, for the Applicant.

Mr Kevin Zervos, Senior Assistant Director of Public Prosecutions, and Mr J. To, Senior Government Counsel, of the Department of Justice, for the Respondent.