Read the full judgment text of FAMV 000002/2007 on BabelCite. This FAMV judgment was delivered on 2 March 2007 before Bokhary PJ, Chan PJ, Ribeiro PJ.
Civil procedure – leave to appeal – Court of Final Appeal – judicial review – village representative election – powers of Secretary for Home Affairs – findings of fact made beyond proper function – binding effect on public authority – Village Representative Election Ordinance (Cap.576) s.67 – whether judge below went beyond his proper function in making certain findings – whether findings of fact made by a judge beyond his proper function can bind the public authority affected by the decision – true scope of the Secretary's powers of amendment under s.67 of the Village Representative Election Ordinance, Cap.576 – application for leave to appeal from CACV 201/2005 – arguable questions identified as worthy of the Court of Final Appeal's consideration – leave to appeal granted to applicant Mr Lai – prior question of the scope of s.67 amendment powers flagged for assistance on appeal – Court of Appeal apparently considered that improper findings could bind the Secretary – Secretary's argument on inevitability preserved for the appeal – appeal fixed for hearing on 8 October 2007 with 9 October reserved – case name corrected to substitute Secretary for Home Affairs for the previously wrongly named Director of Home Affairs – 2nd Respondent Tsing Yi Rural Committee absent – Philip Dykes SC and Kenneth K H Lee of Messrs K L Leung & Co for applicant – S H Kwok of Department of Justice for 1st Respondent – Bokhary PJ, Chan PJ and Ribeiro PJ sitting as the Appeal Committee.
Legal issues: Whether to grant leave to appeal on judge's findings · Scope of Secretary's powers of amendment under s.67 VREO · Whether improper findings of fact can bind a public authority
Outcome: Leave to appeal granted to the applicant, Mr Lai; the appeal was fixed for hearing on 8 October 2007 with 9 October reserved.