Read the full judgment text of FACV 8/2010 on BabelCite. This FACV judgment was delivered on 13 December 2010.
1. The issue before the Court is whether a finality provision (that is, one that curtails the right of appeal from the decision of a court) contained in the Legislative Council Ordinance, Cap.542 (“the LCO”), is constitutional. The relevant provision is s.67(3) of the LCO which states that, in the case of an election petition questioning the election of a member to the Legislative Council, the decision of the Court of First Instance shall be final as to the matters in issue.
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