Donald Koo Hoi Yan v. Kao Lee & Yip (A Firm)

FAMV No. 26 of 2007

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 26 OF 2007 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 32 OF 2006)

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Between:

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Appeal Committee : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing : 10 October 2007

Date of Determination : 10 October 2007

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

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Mr Justice Bokhary PJ :

1.This case involves a number of reasonably arguable questions of law.  These questions include ones : as to what constitutes the mental element of contempt of court through non-compliance with an order of the court; as to the onus and standard of proof in motions to commit for contempt; as to how such onus and standard operate in practice; and as to the application of the Ladd v. Marshall principle in cases of committal for contempt.  They arise both generally and in regard to or in the context of mandatory orders in particular.  By reason of their great general or public importance, they ought to be submitted to the Court of Final Appeal for decision.  Accordingly leave to appeal is granted under the question of law limb of s.22(1)(b) of the Court’s statute.  We need not consider the or otherwise limb of that provision.  That does not, however, preclude Mr Koo from pursuing on appeal his points under the or otherwise limb. 

[The appeal is fixed for hearing on 26 and 27 May 2008.]

Mr Michael Thomas, SC (instructed by Messrs Hastings & Co) for the applicant

Mr Denis K L Chang, SC and Mr Jin Pao (instructed by Messrs Kao, Lee & Yip) for the respondent