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

FAMV No. 53 of 2007

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 53 OF 2007 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 91 OF 2005)

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Between:

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DETERMINATION

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Mr Justice Bokhary PJ :

1.Three questions are set out in the Notice of Application for Leave, being Questions 1, 2(a) and 2(b).

2.Question 1 ought, in our view, to be submitted to the Court of Final Appeal under the “or otherwise” limb of s.22(1)(b) of the Court’s statute.

3.In our view, it is reasonably arguable that the issue of fact identified by Question 2(b) should be resolved in favour of the applicant.  If it is so resolved, the point of law identified by Question 2(a) would arise.  That point of law ought, in our view, to be submitted to the Court under the “great general or public importance” limb of s.22(1)(b).

Mr Gerard McCoy SC and Mr Francis Yip (instructed by Messrs Ko & Chow) for the applicants

Mr Mok Yeuk-chi and Mr Lee Tung-ming (instructed by Messrs David Y Y Fung & Co.) for the respondents