Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Finality provision s67(3)
  • 2 Jun 2010

    MOK CHARLES PETER v. TAM WAI HO AND OTHERS

    Citation
    MOK CHARLES PETER v. TAM WAI HO AND OTHERS
    Court
    Court of Final Appeal
    Case number
    FAMV11/2010

    The Appeal Committee granted leave to appeal on the single constitutional question whether section 67(3) is inconsistent with Article 82 of the Basic Law, dismissed the original application for leave to appeal against Reyes J's order because there was no basis for a direct appeal to the Court of Final Appeal, and directed that if section 67(3) is upheld Reyes J's determination remains final, whereas if it is struck down the applicant must pursue a substantive appeal in the Court of Appeal under section 14(1) High Court Ordinance.