Secretary for Justice v. Choy Bing Wing

CACV 11/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 11 OF 2004

(ON APPEAL FROM hcmp nO. 4694 OF 2003)

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BETWEEN

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Before: Hon Stuart-Moore VP, Yeung JA & Burrell J in Court

Date of Hearing: 1 March 2005

Date of Judgment: 1 March 2005

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J U D G M E N T

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Hon Yeung JA (giving Judgment of the Court):

1.On 3 December 2004, we rejected Mr Choy’s appeal against the order of the Chief Judge dismissing his application to strike out the contempt proceedings instituted by the Secretary for Justice.

2.Mr Choy now seeks leave to appeal to the Court of Final Appeal against our decision. We take Mr Choy’s application also as an application for a certificate under s 32(2) of the Hong Kong Court of Final Appeal Ordinance Cap 484.

3.To succeed on his application on either limb, Mr Choy must persuade us that his proposed appeal involves a question or a point of law of great and/or general public importance, or that there are other reasons to submit such point to the Court of Final Appeal.

4.Mr Choy has not identified any question or point of law of great and/or general public importance. We can think of no reason to submit any question or point of law to the Court of Final Appeal.

5.We have considered the background of the case and everything urged upon us by Mr Choy, both orally and in written form. We are not persuaded that the requirements set out in the Hong Kong Court of Final Appeal have been met.

6.We therefore refuse Mr Choy’s application with costs.

Applicant: In person

Mr Gerald McCoy SC of the Department of Justice for the Respondent.

Appellant: In person.

Mr Gerald McCoy SC of the Department of Justice for the Respondent.