有關蘇覺的事宜

有關蘇覺的事宜

The applicant does not qualify for an automatic right of appeal under s22(1)(a) because the impugned decision was interlocutory and not a final judgment and did not involve a monetary/property claim meeting the statutory threshold; nor did the proposed appeal raise issues of great and general or public importance to...

Source-derived case information.

Citation
有關蘇覺的事宜
Parties
Applicant: 蘇覺; Respondent: 獨立監察警方處理投訴委員會
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 February 2012
Case Number
CACV40/2011
Procedural Posture
Judicial Review Leave to Appeal to Court of Final Appeal / Application for Leave to Appeal to the Court of Final Appeal (permission Hearing)
Outcome
Application for leave to appeal to the Court of Final Appeal refused
Legal Topics
Judicial Review, Leave to Appeal, Jurisdiction of the Court of Final Appeal, Natural Justice
Source Language
ch
Administrative Law Constitutional Law Civil Procedure Judicial Review Leave to Appeal Jurisdiction of the Court of Final Appeal Natural Justice

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Parties

蘇覺

Applicant

獨立監察警方處理投訴委員會

Respondent

Procedural Posture

Judicial Review Leave to Appeal to Court of Final Appeal / Application for Leave to Appeal to the Court of Final Appeal (permission Hearing)

  1. 1 Whether the applicant has an automatic right of appeal to the Court of Final Appeal under s22(1)(a) of the Court of Final Appeal Ordinance
  2. 2 Whether the appeal should be permitted under s22(1)(b) because it raises issues of great and general importance or public significance
  3. 3 Whether denial to summon the Independent Police Complaints Council violated natural justice or affected the fairness of the hearing

Ratio Decidendi

The applicant does not qualify for an automatic right of appeal under s22(1)(a) because the impugned decision was interlocutory and not a final judgment and did not involve a monetary/property claim meeting the statutory threshold; nor did the proposed appeal raise issues of great and general or public importance to satisfy s22(1)(b); therefore permission to appeal to the Court of Final Appeal is refused.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused

Orders

  • Leave to appeal to the Court of Final Appeal refused