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

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)

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Between:

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

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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?

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