林進傑 對 申訴專員

林進傑 對 申訴專員

The application for leave was refused because Schedule 2 paragraph 5 is clear on its face and the applicant's alternative interpretative reading is not supported by the statute or persuasive background materials; the issues raised are not of broad or public importance under Cap 484 s22(1)(b) nor do other reasons...

Source-derived case information.

Citation
[2025] HKCA 122
Parties
Applicant: 林進傑; Respondent: 申訴專員
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 February 2025
Case Number
CACV473/2022
Procedural Posture
Civil Appeal (application for Leave to Appeal to the Court of Final Appeal) / Application for Leave Determined on Paper in Accordance With Practice Direction 2.1
Outcome
Application for leave to appeal to the Court of Final Appeal refused; notice of motion struck out.
Legal Topics
Interpretation of Schedule 2 Paragraph 5 of the Ombudsman/complaints Commissioner Ordinance, Criteria for Leave to Appeal Under Court of Final Appeal Ordinance S22(1)(b), Weight of Explanatory Memorandum and Legislative History in Statutory Interpretation, Effect of Legal Aid Ordinance S15(4) on Procedural Suspension
Source Language
ch
Administrative Law Statutory Interpretation Public Law Civil Procedure Interpretation of Schedule 2 Paragraph 5 of the Ombudsman/complaints Commissioner Ordinance Criteria for Leave to Appeal Under Court of Final Appeal Ordinance S22(1)(b) Weight of Explanatory Memorandum and Legislative History in Statutory Interpretation Effect of Legal Aid Ordinance S15(4) on Procedural Suspension

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Parties

林進傑

Applicant

申訴專員

Respondent

Procedural Posture

Civil Appeal (application for Leave to Appeal to the Court of Final Appeal) / Application for Leave Determined on Paper in Accordance With Practice Direction 2.1

  1. 1 Whether modern purposive and contextual methods of statutory interpretation relied on by applicant apply to Schedule 2 paragraph 5
  2. 2 How Schedule 2 paragraph 5 of the Ombudsman/Complaints Commissioner Ordinance should be interpreted (scope of "any body" vs "government")
  3. 3 Whether the case raises issues of general or public importance warranting leave under Cap 484 s22(1)(b)

Ratio Decidendi

The application for leave was refused because Schedule 2 paragraph 5 is clear on its face and the applicant's alternative interpretative reading is not supported by the statute or persuasive background materials; the issues raised are not of broad or public importance under Cap 484 s22(1)(b) nor do other reasons exist to refer the matter to the Court of Final Appeal; consequentially the notice of motion was struck out and no costs order was made given the respondent filed no submissions.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; notice of motion struck out.

Orders

  • Refuse application for leave to appeal to the Court of Final Appeal.
  • Strike out/set aside the notice of motion (撤銷提出動議通知書).