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Mk v. Director of Legal Aid

Read the full judgment text of FAMV179/2023 on BabelCite. This Court of Final Appeal judgment was delivered on 7 July 2023 before Mr Justice Fok PJ, Mr Justice Lam PJ and Mr Justice Tang NPJ.

1. We grant leave to appeal in respect of the question of law formulated, which we are satisfied is of requisite importance, namely:

Legal issues: Interpretation of Regulation 21(1)(b) of the Legal Aid Regulations - extent of abrogation of legal professional privilege

Outcome: Leave to appeal granted on the formulated question; leave declined on the 'or otherwise' basis.

Cited by 1 case

Case No.FAMV179/2023[2023] HKCFA 17
Court
Court of Final Appeal
Date07 Jul 2023
JudgeMr Justice Fok PJ, Mr Justice Lam PJ and Mr Justice Tang NPJ
Case Document
100%Judiciary

FAMV No. 179 of 2023

[2023] HKCFA 17

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 179 OF 2023 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 355 OF 2021)

___________________________

BETWEEN    
  MK Applicant
(Applicant)
  and
  REGISTRAR OF HIGH COURT
 Respondent
  and
  DIRECTOR OF LEGAL AID Interested Party
(Respondent)

___________________________

Appeal Committee: Mr Justice Fok PJ, Mr Justice Lam PJ and Mr Justice Tang NPJ
Date of Hearing and Determination: 7 July 2023

____________________

DETERMINATION

____________________

The Appeal Committee:

1.We grant leave to appeal in respect of the question of law formulated, which we are satisfied is of requisite importance, namely:

“Upon proper interpretation of Regulation 21(1)(b) of the Legal Aid Regulations, Cap. 91A, what is the extent, if any, of the abrogating effect by necessary implication against legal professional privilege at common law which is a right guaranteed constitutionally under Article 35 of the Basic Law of Hong Kong? In particular, does the abrogation by necessary implication extend to communications protected by legal professional privilege prior to the application for and/or granting of legal aid to the client?”

2.We decline to grant leave to appeal on the “or otherwise” basis, as sought in the Notice of Application, since the applicant has not advanced any arguments additional to those in support of the application for leave in respect of the foregoing question of law.

3.The appeal will be listed to be heard on 28 November 2023.

(Joseph Fok) (M H Lam) (Robert Tang)
Permanent Judge Permanent Judge Non-Permanent Judge

Mr Robert Pang SC and Ms Queenie Ng, instructed by Jimmie K.S. Wong & Partners, for the Applicant (Applicant)

Mr Abraham Chan SC and Mr John Cheung, instructed by the Department of Justice, for the Interested Party “Director of Legal Aid” (Respondent)

Department of Justice (Legal Advisory Division (Works)), for the Respondent “Registrar of High Court”, attendance excused

Cited by 1 case

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