Secretary for Justice v. Michael Reid Scott

FAMV No. 5 of 2005

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 5 OF 2005 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCAL NO. 38 OF 2004)

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Between

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Date of Determination : 4 March 2005

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

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Mr Justice Chan PJ:

1.On 4 February 2005, Hartmann J gave judgment in this action against the Secretary for Justice, considering himself bound by the decision of the Court of Appeal in Lau Kwok Fai and another v. Secretary for Justice [2004] 3 HKLRD 570.  The Secretary for Justice now applies for leave to appeal directly to the Court of Final Appeal, pursuant to s. 27D of the Hong Kong Court of Final Appeal Ordinance, Cap 484.  With the consent of the parties and pursuant to s. 27C of the Ordinance, the learned judge certified that this case involves a question of law of great general or public importance which ought to be considered by the Court of Final Appeal.  We are satisfied that leave should be granted and we do so without an oral hearing, the respondent having consented to the application.

2.The parties in this appeal are two of the parties in Lau Kwok Fai and another v. Secretary for Justice in which the Secretary for Justice has lodged two appeals to the Court of Final Appeal (now FACV 15 and 16 of 2004) which have been set down for hearing on 20 June 2005, with 21 to 23 June also reserved.  These two appeals and the present appeal raise the same constitutional issues.  In our view, it is desirable that all three appeals be heard together.  When giving directions in respect of this appeal, the Registrar is directed to consider making an order for all three appeals to be heard together in the light of any contrary submissions which the parties may make.