Thomas Vincent v. South China Morning Post Publishers Ltd

Case No.FAMV 20/2004

Court

FAMV

Date14 Jan 2005

JudgeBokhary PJ, Chan PJ, Ribeiro PJ

Case Document

100%

FAMV No. 20 of 2004

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 20 OF 2004 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 253 OF 2002)

_____________________

Between:

	THOMAS VINCENT	Applicant
	and
	SOUTH CHINA MORNING POST
	PUBLISHERS LIMITED	Respondent

_____________________

Appeal Committee:

Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing:	14 January 2005
Date of Determination:	14 January 2005

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

_________________________

Mr Justice Bokhary PJ:

1.The true construction of the relevant legislation is a matter of great general or public importance. It is susceptible of reasonable argument on both side of the question as it arises in this case. And we do not feel able to say that the facts so clearly favour the employer as to render the matter academic. So we grant leave to appeal to the Court of Final Appeal under s.22(1)(b) of the Court’s statute.

(Kemal Bokhary)	(Patrick Chan)	(R.A.V. Ribeiro)
Permanent Judge	Permanent Judge	Permanent Judge

Mr Russell Coleman (instructed by Messrs Oldham, Li & Nie and assigned by the Legal Aid Department) for the applicant

Mr Daniel Wan (instructed by Messrs Deacons) for the respondent