Kan Kam Cho and Another v. Kan Chiu Nam Raymond and Another

cacv 91/2005

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 91 of 2005

(on appeal from HCA NO. 18217 of 1999)

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BETWEEN

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Before : Hon Rogers VP, Le Pichon JA and Sakhrani J in Court

Date of Hearing : 27 July 2007

Date of Judgment : 27 July 2007

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J U D G M E N T

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Hon Rogers VP:

1.This is an application for leave to appeal to the Court of Final Appeal from a judgment of this court given on 9 November 2006.  The application is made on two bases.

2.First, on questions of fact:  Although this court considered the questions which have been raised as a matter of fact and the decision in the court below was by no means easy, this court did not disturb the findings of fact of the judge in the court below.  As far as I can see, this court did deal with the arguments that were raised.  In those circumstances, they do not fall, in my view, under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, for two reasons:  First of all, there are concurrent findings of fact; secondly, the findings of fact are specific to this case and are not matters of great general or public importance.

3.The other point sought to be raised is on the question of the interpretation of the Ordinance.  We have followed the latest judgment in the Court of Final Appeal as to the meaning of the Ordinance and the point, in our view, was clear.  It is a matter for the Court of Final Appeal if it wishes to give leave on that point.  It is not a matter for this court.

Mr Gerard McCoy SC and Mr Francis Yip, instructed by Messrs Ko & Chow, for the 1st and 2nd Plaintiffs/Applicants

Mr Mok Yeuk-chi and Mr Lee Tung-ming, instructed by Messrs David Y Y Fung & Co, for the Defendants/Respondents