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FAMV No. 17 of 2011
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 17 OF 2011 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 294 OF 2008)
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Between
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KO HON YUE (高翰儒 ) |
Plaintiff
(Respondent) |
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and |
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(1) CHIU PIK YUK, the wife and intended adminstratrix of LIU CHING LEUNG
(廖正亮 ), deceased
(2) LIU POON KEUNG (廖本強)
(3) CHEUNG FO TAI (張伙泰)
(4) CHONG KAM LING (莊金寧)
(5) LAI KIM HUNG (賴劍虹)
(6) LIU LAI KEUNG (廖勵強)
(7) LIU WAI KI (廖惠其)
(8) LIU GUN SUN (廖更新)
(9) LIU KIT MING (廖傑明)
(10) LIU MAN FUK (廖萬福)
(11) LIU TIM WAN (廖添穩)
(12) YAN CHUEK NING (甄灼寧)
(13) LEE TAK CHING (李德貞)
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1st Defendants
(Applicants) |
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(sued collectively as the Management Committee
of Fung Kai No. 1 Secondary School for the ear 2001) |
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FUNG KAI NO. 1 SECONDARY SCHOOL |
2nd Defendant
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| Appeal Committee: |
Mr Justice Chan Acting CJ, Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ |
Date of Hearing: 16 June 2011
| Date of Determination: 16 June 2011 |
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D E T E R M I N A T I O N
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Mr Justice Chan, Acting CJ:
1.The defendants now seek leave to appeal on a variety of grounds. Having considered all of them, we grant leave to appeal confined to the following questions of law:
(a) Accepting that those provisions of the Code of Aid which touch on the relationship between schools and teachers were incorporated into the contract of employment; on the true construction of those provisions read in conjunction with the letters of offer and acceptance and the Conditions of Service entered into by the parties, and taking the Employment Ordinance into account; what powers, if any, did the defendants have to terminate the plaintiff’s employment by notice or payment of salary in lieu?
(b) Was the Court of Appeal in principle entitled to reverse the Judge’s conclusion that in the circumstances, bringing the second claim amounted to an abuse of process since it could have been raised at the same time as the first claim?
2.We wish to make it clear that the Court will not accept voluminous printed cases or bundles on these short points of law. The written cases must not exceed 20 pages of A4 paper each, with text formatted like judgments issued by the Court. The Registrar is hereby directed to refuse to receive longer submissions. No Supplemental Cases will be received without the Registrar’s leave and if leave is given, they must not exceed 10 pages in length. The documents lodged should be limited to those directly relevant to the issues of construction, and to documents supporting or refuting any justification for not pursuing all the claims at the same time during the first hearing.
(Patrick Chan)
Acting Chief Justice |
(Kemal Bokhary)
Permanent Judge |
(R A V Ribeiro)
Permanent Judge |
Mr Edward Chan, SC and Mr Lee Tung-ming (instructed by Messrs ONC Lawyers) for the applicants
Respondent in person
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