Re Regal Riverside Hotel Ltd

CACV 274/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 274 OF 2008

(ON APPEAL FROM HCAL 94 OF 2008)

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Before : Hon Cheung and Hartmann JJA in Court

Date of Hearing : 17 September 2008

Date of Decision : 17 September 2008

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D E C I S I O N

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Hon Cheung JA (giving decision of the Court) :

1.We will grant leave to the applicant to apply for judicial review.  The ambit of the discretion in ordering suspension and whether the discretion was properly exercised are matters which are reasonably arguable for the purpose of granting leave in accordance with the test propounded by the Court of Final Appeal in Peter Po Fun Chan v. Winnie C W Cheung (FACV 10 of 2007).

Mr. Philip Dykes, SC and Mr. Kenny C. P. Lin, instructed by Messrs D. S. Cheung & Co., for the Applicant