Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interlocutory versus final judgments

Legal area

Court

14 Mar 2018

LO KING YEUNG v. CHENG CHUNG TAI

Citation

[2018] HKCA 137
Court

Court of Appeal
Case number

CAMP19/2017

The Court held that the Notices of Motion seeking leave to appeal were dismissed because refusals of leave to appeal are not appealable under Section 14AB and the classification of the matters as interlocutory is not appealable under Section 14(5); the Basic Law duty of judges does not permit circumventing statutory finality and there was no arguable breach of judicial duty; consequently the appeals were incompetent and struck out.
14 Mar 2018

LO KING YEUNG v. EDDIE CHU HOI DICK

Citation

[2018] HKCA 137
Court

Court of Appeal
Case number

CACV192/2017

Decisions refusing leave to appeal under the High Court Ordinance and decisions as to whether a judgment is interlocutory or final are final and not appealable; the plaintiff's constitutional arguments did not constitute a proper challenge to the finality provisions and therefore could not bypass the statutory bar; the judges applied the law impartially and did not breach Basic Law art.104.