Read the full judgment text of FAMV 3/2010 on BabelCite. This Court of Final Appeal judgment was delivered on 2 June 2010 before Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ.
Constitutional law – election petition – finality of determination – Article 82 Basic Law – Legislative Council Ordinance section 67(3) – appeal – jurisdiction of Court of Final Appeal – leave to appeal – Applicant MOK CHARLES PETER challenged the result of the Information Technology Functional Constituency seat in the September 2008 Legislative Council elections – Reyes J dismissed the petition and declared a competing candidate validly elected – Section 67(3) of the Legislative Council Ordinance makes the Court of First Instance's determination final – The applicant appealed to the Court of Appeal, which held it lacked jurisdiction – The applicant then applied to the Court of Final Appeal for leave to appeal directly from the Court of First Instance – The Appeal Committee found it had no jurisdiction because leave must be sought from the Court of Appeal under section 22 of the Court of Final Appeal Ordinance – The applicant then sought and was refused leave by the Court of Appeal on the constitutional question – The Appeal Committee granted leave on the question of whether section 67(3) is inconsistent with Article 82 of the Basic Law – Original application for leave to appeal directly from the Court of First Instance was dismissed – Applicant ordered to pay costs of FAMV 3/2010 to the 1st respondent – Appeal set for hearing on 18 and 19 November 2010
Legal issues: Jurisdiction of Court of Final Appeal to hear direct appeal from Court of First Instance in election petition · Leave to appeal on constitutionality of finality provisions
Outcome: Leave to appeal granted on the constitutional question; original application for leave to appeal against Reyes J's order dismissed.
Cites 3 cases