Chang Hyun Chi v. Official Receiver and Another

CACV 110/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 110 OF 2013

(ON APPEAL FROM HCB 5227 OF 2006)

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DECISION

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Hon Cheung JA (giving the Decision of the Court):

1.We will grant leave to the Official Receiver to appeal to the Court of Final Appeal pursuant to section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) on the ground that the question of ‘Whether s.30A(10)(a) of the Bankruptcy Ordinance (Cap 6) is constitutional?’ involves a question of great general or public importance.

2.We will direct the Official Receiver to apply to the Court of Final Appeal in regard to the conditions of the appeal.

3.We will stay the execution of our judgment until the determination of the appeal by the Court of Final Appeal.

4.The costs of the application be in the cause of the appeal.

Written Submissions by Ms Margaret Ng, instructed by Zhong Lun Law Firm, assigned by Director of Legal Aid, for the appellant

Written Submissions by Ms Linda Chan, SC, instructed by Department of Justice, for the 1^st respondent

Chow, Griffiths & Chan, for the 2^nd respondent be excused from participation in the leave application