LAU KONG YUNG (an infant suing by his father and next friend LAU YI TO) and 16 others (Applicants/Respondents) v THE DIRECTOR OF IMMIGRATION (Respondent/Applicant)

Read the full judgment text of on BabelCite. was delivered on 25 June 1999 before Nazareth, Ag. CJHC, Mortimer, V-P, Rogers, JA.

Civil procedure – leave to appeal to Court of Final Appeal – s.22(b) of the Hong Kong Court of Final Appeal Ordinance – whether question is of great general or public importance – immigration judicial review – applicants were respondents in the Court of Appeal (CACV 108/1999 & 109/1999), respondent was applicant – whether s.22(b) test is satisfied notwithstanding that the court below may be plainly right – reliance on Thornton v. The Police [1962] A.C. 339 rejected – first question raised plainly one of great general and public importance – no need to consider remaining questions – leave to appeal to the Court of Final Appeal granted – counsel: Mr Geoffrey Ma S.C. for the Director of Immigration; Miss Margaret Ng (instructed by Messrs. Pam Baker & Co.) for the Applicants.

Legal issues: Whether leave to appeal to the Court of Final Appeal should be granted under s.22(b) of the Hong Kong Court of Final Appeal Ordinance

Outcome: Leave to appeal to the Court of Final Appeal granted.