Read the full judgment text of FACV 000011/2003 on BabelCite. This FACV judgment before Bokhary PJ, Chan PJ, Ribeiro PJ, Litton NPJ, Lord Millett NPJ.
Civil procedure – appeal – final versus interlocutory judgment – jurisdiction of Court of Appeal – constitution of Court of Appeal – s.34B High Court Ordinance – nullity – Yuen J set aside writ and dismissed action on ground that Heung was not a t'ong under s.15 New Territories Ordinance – Court of Appeal reversed on that issue – appeal to Court of Final Appeal – question whether Yuen J's judgment was final or interlocutory – if final, two-member Court of Appeal lacked jurisdiction without consent – Shell Hong Kong Ltd. v. Yeung applied – Court of Final Appeal ordered stand down to allow parties to file s.34B(4)(c) consent and seek fresh handing down of Court of Appeal judgment – hearing dates reserved.
Legal issues: Validity of Court of Appeal judgment constituted by two members for a final judgment
Outcome: Appeal hearing stood down; parties directed to file s.34B(4)(c) consent and request Court of Appeal to hand down judgment afresh and grant leave to appeal.