Secretary for Justice and Others v. Chan Wah and Others

Read the full judgment text of on BabelCite. was delivered on 13 December 2001.

1. Having considered the submissions lodged in consequence of the queries raised by the letter dated 1 November 2001 from Messrs Yuen & Partners, the Court has determined that the order for costs made by Findlay J against the Hang Hau Rural Committee shall remain in place, unaffected by any of the orders made by the Court of Final Appeal in disposing of the appeal.

Case No.
Court
Date13 Dec 2001
Judge
Case Document
100%Judiciary

FACV000013B/2000

FACV Nos 11 and 13 of 2000

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NOS 11 & 13 OF 2000 (CIVIL)

(ON APPEAL FROM CACV NOS 137 & 139 OF 1999
and CACV NOS 278 & 279 OF 1999)

________________________

Between :
SECRETARY FOR JUSTICE 1st Appellant
SAI KUNG DISTRICT OFFICE 2nd Appellant
CHEUNG KAM CHUEN 3rd Appellant
AND
CHAN WAH 1st Respondent
TSE KWAN SANG 2nd Respondent
HANG HAU RURAL COMMITTEE 3rd Respondent
PAT HEUNG RURAL COMMITTEE 4th Respondent

____________________

Court: Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Ribeiro PJ, Mr Justice Silke NPJ
and Lord Millett NPJ

Date of Ruling: 13 December 2001

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R U L I N G

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1. Having considered the submissions lodged in consequence of the queries raised by the letter dated 1 November 2001 from Messrs Yuen & Partners, the Court has determined that the order for costs made by Findlay J against the Hang Hau Rural Committee shall remain in place, unaffected by any of the orders made by the Court of Final Appeal in disposing of the appeal.

(Andrew Li) (Kemal Bokhary)
Chief Justice Permanent Judge

(R A V Ribeiro) (William Silke) (Lord Millett)
Permanent Judge Non-Permanent Judge Non-Permanent Judge

Representation:

Mr Daniel R Fung SC and Mr Johnny S L Mok (instructed by the Department of Justice) for the Secretary for Justice and Sai Kung District Office

Mr Clive Grossman SC and Mr James Collins (instructed by Messrs Clarke & Kong and assigned by the Legal Aid Department) for Mr Cheung Kam Chuen

Mr Philip J Dykes SC and Mr Stephen Yam (instructed by Messrs Yuen & Partners and assigned by the Legal Aid Department) for Mr Chan Wah and Mr Tse Kwan Sang

Mr Michael Lunn SC as Amicus Curiae (provided by the Equal Opportunities Commission)

Hang Hau Rural Committee, absent

Pat Heung Rural Committee, absent