Hui Yiu Wing v. The Regional Council

FAMV000016/2002

FAMV No. 16 of 2002

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 16 OF 2002 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 542 OF 2001)

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Appeal Committee: Acting Chief Justice Chan, Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ

Date of Hearing: 24 September 2002

Date of Determination: 24 September 2002

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ:

1.The wrong test was applied. This led to a fundamentally wrong approach being followed. It is at least reasonably arguable that a different result would have been reached if the correct test had been applied and the correct approach had been followed. In these exceptional circumstances, we grant leave to appeal to the Court of Final Appeal under the "or otherwise" limb of s.22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484. We would stress that leave to appeal under the "or otherwise" limb is an exceptional course.

Representation:

Mr Neville Sarony SC (instructed by Messrs Hastings & Co and assigned by the Legal Aid Department) for the applicant

Mr Alan Leong SC (instructed by Messrs Tsang, Chan & Wong) for the respondent