Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Appeals to privy council
  • 5 Oct 1968

    CHANG LAN SHENG v. ATTORNEY GENERAL

    Citation
    CHANG LAN SHENG v. ATTORNEY GENERAL
    Court
    Court of Appeal
    Case number
    CACV33/1967

    The Full Court reversed the trial judge's declaration, treated the Crown as any other litigant and awarded the Attorney General costs in the court below and of the appeal; the court held Rule 5 does not allow a broad suspension of the 'effect' of its judgment where the judgment does not directly order payment or performance, and refused an unconditional stay of execution pending Privy Council appeal, permitting only a conditional stay as to payment of costs if the plaintiff provided an unequivocal bank guarantee securing the defendant's costs with interest in a form satisfactory to the court.