Sino Wood Investment Ltd v. Wong Kam Yin

FAMV No. 22 of 2004

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 22 OF 2004 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 130 OF 2004)

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Between:

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

Date of Hearing: 12 January 2005

Date of Determination: 12 January 2005

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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 construction contended for by the applicant is, in our opinion, reasonably arguable.  And we are of the opinion that the question of statutory construction involved comes within s.22(1)(b) of the Hong Kong Court of Final Appeal Ordinance as one which, by reason of its great general or public importance, ought to be submitted to the Court of Final Appeal for decision.  As to the question of attempted contempt, we consider it appropriate in all the circumstances to let it go forward to the Court of Final Appeal on the “or otherwise” limb of s.22(1)(b).  Leave to appeal to the Court of Final Appeal is granted accordingly. 

[The parties being content that leave to appeal to the Court of Final Appeal be conditional on the applicant providing security under s.25 in the sum of $400,000 within 14 days, that condition was imposed.  The costs of this leave application to be costs in the appeal.] 

Mr Benjamin Yu SC and Ms Yvonne Cheng (instructed by Messrs Allen & Overy) for the applicant

Mr John Scott SC and Mr Anson M K Wong (instructed by Messrs Lau Lin & Co.) for the respondent