Lau Kong Yung v. The Director of Immigration

CACV000109A/1999

CACV 108/99 & 109/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NOS. 108 & 109 OF 1999

(On Appeal From HCAL Nos. 20 & 21 Of 1999)

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Coram : Hon. Nazareth, Ag. CJHC, Mortimer, V-P and Rogers, J.A. in Court

Date of Hearing : 25 June 1999

Date of Decision : 25 June 1999

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D E C I S I O N

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Nazareth, Ag. CJHC (Giving the decision of the Court)

1. We have considered counsels' submissions. We do not find it necessary to go beyond the first question. It is plainly a question of great general and public importance.

2. Miss Ng resists the application on the ground that there is really no question here. She relies on the case of Thornton v. The Police [1962] A.C. at 339. What Miss Ng is submitting is that the judgments are so plainly right in point that there can be no question about them. However section 22(b) of the Hong Kong Court of Final Appeal Ordinance provides that:

"An appeal shall lie to the Court at the discretion of the Court of Appeal, if, in the opinion of the Court of Appeal, the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court for decision."

3. Without in any way seeking to cast doubt on the order or judgment sought to be appealed, we think that clearly here, the question is one that ought to be submitted to the Court of Final Appeal for decision, and upon that basis, we grant leave.

Representation:

Mr. Geoffrey Ma S.C., (Department of Justice), for the Respondent.

Miss. Margaret Ng, instructed by Messrs. Pam Baker & Co., for the Applicants.