HKSAR v. Lee To Nei
Read the full judgment text of HCMA 403/2010 on BabelCite. This Court of First Instance judgment was delivered on 10 January 2011 before Deputy High Court Judge E Toh.
1. This was an appeal under the Trade Descriptions Ordinance and after hearing arguments from counsel, this Court had ruled that the Court of Final Appeal’s decision in HKSAR v Hung Chan Wah [2006] 3 HKLRD 841 and HKSAR v Ng Po On (2008) 1 HKCFAR 91 were case-specific, and this Court after considering English authorities relating to the same subject matter had decided to follow the House of Lords’ decision in R v Johnstone [2003] 1 WLR 1736.
Legal issues: Certification of points of law of great and general importance
Outcome: Certificate granted to the Court of Final Appeal; applicant's application for leave to appeal to Court of Final Appeal subsequently granted by the Court of Final Appeal.
Cited by 2 cases · Cites 1 case
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HCMA 403/2010 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. 403 OF 2010 (ON APPEAL FROM KTCC 6963/2009) ____________
Before: Deputy High Court Judge E Toh in Court Date of Hearing: 10 January 2011 Date of Ruling: 10 January 2011 ___________ R U L I N G ___________ Application for a certificate to the Court of Final Appeal 1.This was an appeal under the Trade Descriptions Ordinance and after hearing arguments from counsel, this Court had ruled that the Court of Final Appeal’s decision in HKSAR v Hung Chan Wah [2006] 3 HKLRD 841 and HKSAR v Ng Po On (2008) 1 HKCFAR 91 were case-specific, and this Court after considering English authorities relating to the same subject matter had decided to follow the House of Lords’ decision in R v Johnstone [2003] 1 WLR 1736. 2.I do agree with counsel for the applicant that the four questions I have certified do raise points of law of great and general importance, and therefore I have granted a certificate accordingly.
Mr Wesley Wong, SADPP, of the Department of Justice, for the Respondent Mr Richard Wong, instructed by Messrs Amy Lam & Co, for the Applicant Applicant's application for leave to appeal to Court of Final Appeal granted by Court of Final Appeal. Please refer to FAMC99/2010 and FAMC9/2011 dated 10 June 2011 | |||||||||||||||||
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