Cheng Tang Kam Yung v. Tang Kam Cheung and Another

CACV 185/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 185 OF 2013

(ON APPEAL FROM HCMP NO. 147 OF 2008)

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BETWEEN

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Hon Cheung JA (giving Decision of the Court) :

1.The defendants apply for leave to appeal to the Court of Final Appeal against our judgment of 27 March 2014.The issue we addressed in our judgment was the defendants’ appeal out of time against the decision of Chu JA sitting as a single judge of the Court of Appeal.  Chu JA refused to stay execution of the judgment of Deputy Judge Leung pending the determination of the defendants’ appeal against that judgment.

2.In our view the defendants have failed to satisfy the requirement for obtaining leave to appeal.  The refusal to stay execution is not a final judgment.  It does not satisfy the ‘as of right’ limb.  No issue of great, general or public importance has been identified.  The defendants merely suggested during the oral submission that the case involved traditional customs without any elaboration.  Nor is the ‘or otherwise’ limb engaged.

3.Accordingly the application is refused with costs to the plaintiff to be taxed if not agreed.

Mr Matthew Tse, instructed by Lily Fenn & Partners, for the plaintiff

The 1^st and 2^nd defendants, unrepresented, appeared in person