Epoch Group Ltd v. Director of Immigration

HCAL 43/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 43 OF 2010

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BETWEEN

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Before: Hon Andrew Cheung J in Chambers

Date of Hearing: 24 November 2010

Date of Judgment: 24 November 2010

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J U D G M E N T

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1.This is an application for leave to appeal from the judgment of this Court handed down on 10 November 2010.

2.I have read the intended grounds of appeal and considered counsel’s submission.  Again the Court can only be brief with its reasons.

3.I do not believe the proposed appeal is reasonably arguable.  Moreover, the proceedings have reached a very advanced stage.  The substantive hearing has been fixed for January next year.  In terms of proper case management, it is wholly undesirable to have an interlocutory appeal over the subject matter at this late stage.

4.I say all this as someone who has had the benefit of seeing the blotted out parts and of reading the supplementary certificate.

5.In the exercise of the Court’s discretion, the application for leave to appeal is dismissed with costs.

Mr YL Cheung instructed by Ho, Tse, Wai & Partners, for the applicant

Mr Johnny Mok SC instructed by the Department of Justice, for the respondent