Kews v. Nchc

FAMV No. 10 of 2012

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 10 OF 2012 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV 75 OF 2011)

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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 1 June 2012

Date of Determination: 1 June 2012

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

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Mr Justice Bokhary PJ :

1.It is reasonably arguable that the Court of Appeal's judgment is based at least in part on the notion of "judicious encouragement".  And it is worthwhile to examine this notion in the Court of Final Appeal.  Leave to appeal is granted on the "great general or public importance" basis but only on that basis.  It is not granted on the "or otherwise" basis.

Mr Robin Egerton, instructed by Kwok, Ng & Chan, for the applicant

Mr David Pilbrow SC, instructed by Chaine, Chow & Barbara Hung, for the respondent