The Catholic Diocese of Hong Kong also known as The Bishop of the Roman Catholic Church in Hong Kong Incorporation v. Secretary for Justice

Read the full judgment text of FAMV19/2010 on BabelCite. This Court of Final Appeal judgment was delivered on 13 December 2010 before Chief Justice Ma, Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ.

1. We are satisfied that leave to appeal should be granted on the following question:

Outcome: Leave to appeal granted.

Cited by 2 cases

Case No.FAMV19/2010
Court
Court of Final Appeal
Date13 Dec 2010
JudgeChief Justice Ma, Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ
Case Document
100%Judiciary

FAMV No.19 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 19 OF 2010 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 18 OF 2007)

_____________________

Between:

  THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION Applicant
(Applicant)
  - and -
  SECRETARY FOR JUSTICE Respondent
(Respondent)
_____________________
Appeal Committee: Chief Justice Ma, Mr Justice Bokhary PJ and
Mr Justice Ribeiro PJ
Date of Hearing:
Date of Determination:
13 December 2010
13 December 2010

________________________

D E T E R M I N A T I O N

________________________


Chief Justice Ma:

1.We are satisfied that leave to appeal should be granted on the following question:

Are the provisions of sections 40BK(2) & (3)(a) and 40BU(2) & (3) of the Education Ordinance, Cap. 279, inconsistent with Article 136(1) and/or Article 137(1) and/or Article 141(3) of the Basic Law and therefore unconstitutional?




(Geoffrey Ma) (Kemal Bokhary) (R A V Ribeiro)
Chief Justice Permanent Judge Permanent Judge

Mr Martin Lee SC, Mr Erik Shum and Mr Hectar Pun (instructed by Messrs Wong, Hui & Co.) for the applicant

Mr Bernard Man (instructed by the Department of Justice) for the respondent