覃錫鴻 對 金英子經營新世界食品公司

覃錫鴻 對 金英子經營新世界食品公司

Sections 32(3) and 35A(1) of the Labour Tribunal Ordinance remove the Court of Appeal's jurisdiction to entertain appeals against a CFI's refusal to grant permission to appeal; because the CFI's refusal in this case was prepared and sealed, the Court of Appeal had no power to intervene, so the notice of appeal was...

Source-derived case information.

Citation
[2023] HKCA 655
Parties
Applicant: CHUM SEK HUNG CARMAN (覃錫鴻); Respondent: KIM YOUNG JA TRADING AS NEW WORLD TRADING COMPANY (金英子經營新世界食品公司)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 May 2023
Case Number
CACV478/2022
Procedural Posture
Appeal to Court of Appeal Against High Court Decision on Permission to Appeal Under Labour Tribunal Ordinance (cap.25) / Notice of Appeal Struck Out Following Registrar's Direction and Court of Appeal Order
Outcome
Notice of appeal struck out and appeal dismissed; no order as to costs
Legal Topics
Permission to Appeal, Jurisdiction, Statutory Interpretation, Striking Out Procedure
Source Language
ch
Administrative Law Labour Law Civil Procedure Permission to Appeal Jurisdiction Statutory Interpretation Striking Out Procedure

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Parties

CHUM SEK HUNG CARMAN (覃錫鴻)

Applicant

KIM YOUNG JA TRADING AS NEW WORLD TRADING COMPANY (金英子經營新世界食品公司)

Respondent

Procedural Posture

Appeal to Court of Appeal Against High Court Decision on Permission to Appeal Under Labour Tribunal Ordinance (cap.25) / Notice of Appeal Struck Out Following Registrar's Direction and Court of Appeal Order

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal against the High Court (CFI) refusal to grant permission to appeal under the Labour Tribunal Ordinance (Cap.25)
  2. 2 Whether the registrar's direction to strike out the notice of appeal unlawfully infringed the applicant's rights or improperly prevented access to the court
  3. 3 Whether the Court of Appeal may remit for rehearing where the CFI's order is unprepared or unsealed

Ratio Decidendi

Sections 32(3) and 35A(1) of the Labour Tribunal Ordinance remove the Court of Appeal's jurisdiction to entertain appeals against a CFI's refusal to grant permission to appeal; because the CFI's refusal in this case was prepared and sealed, the Court of Appeal had no power to intervene, so the notice of appeal was properly struck out and the appeal dismissed.

Court Disposition

Notice of appeal struck out and appeal dismissed; no order as to costs

Orders

  • Strike out the notice of appeal filed 9 December 2022
  • Dismiss the appeal