Joshua Ong v. Malaysian Airline System Berhad

FAMV No. 6 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 6 OF 2009 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 283 OF 2007)

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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: 27 March 2009

Date of Determination: 27 March 2009

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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.The questions identified in the Application for Leave to Appeal as the questions involved in the appeal which, by reason of their great general or public importance, ought to be submitted to the Court of Final Appeal for decision are whether the scope of the Amended Warsaw Convention, as set out in Schedule 1 of the Carriage By Air Ordinance, Cap.500, extends beyond the point of disembarkation and, in particular, whether the scope of international carriage, within the meaning of the Convention, is co-terminus with the scope of the contractual obligations of the carrier.  In our view, those are questions which ought, for that reason, to be submitted to the Court of Final Appeal for decision.  Extending time to seek such leave, we grant the applicant leave to appeal to the Court of Final Appeal.

Mr Mohan Bharwaney SC (instructed by Messrs Wong and Chan and assigned by the Director of Legal Aid) for the applicant

Mr Russell Coleman SC and Mr Alexander Stock (instructed by Messrs Clyde & Co.) for the respondent