Kho Sin Tek Henry v. Legal Aid Services Council

cacv 46/2007

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 46 of 2007

(on appeal from HCAL NO. 83 of 2006)

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BETWEEN

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

Date of Hearing : 18 January 2008

Date of Judgment : 18 January 2008

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J U D G M E N T

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Hon Rogers VP:

1.This is an appeal from a decision of Madam Justice Chu given on 11 December 2006 whereby the judge refused an application for judicial review.

2.The application was based on the decision of the Legal Aid Services Council, which had refused to finance the payment of counsel’s fees to provide a certificate which would have been required because the applicant wished to apply for legal aid to appeal to the Court of Final Appeal.  Such a certificate by counsel is required under section 26A(3) of the Legal Aid Ordinance.

3.In my view, the matters in this case have been admirably set out at considerable length by the judge below, who has dealt with all the arguments that have been advanced and has come to the correct conclusion that, in this case, there should be no judicial review.

4.In those circumstances, I see no grounds for this appeal whatever, and this appeal falls to be dismissed.

Hon Le Pichon JA:

5.I agree.

Hon Stone J:

6.I also agree.

Hon Rogers VP:

7.Appeal dismissed with costs.

The Applicant/Appellant in person

Mr Kwok Sui-hay, instructed by Messrs Fred Kan & Co., for the Respondent/Respondent