Hong Kong Case Law: Decisions & Judgments

Topic

Certification of questions

Legal area

Court

10 Mar 2020

H v. DIRECTOR OF IMMIGRATION

Citation

[2020] HKCFA 5
Court

Court of Final Appeal
Case number

FAMV415/2019

The Appeal Committee granted leave to appeal to the Court of Final Appeal on the two certified questions—(1) the requirement for leave under s14AA(1) in the specific circumstances described and (2) the compatibility of s14AB with Article 82 of the Basic Law—and directed that consideration of the remaining certified questions be adjourned until after the Court of Final Appeal has determined those two issues.
29 Dec 2017

SECRETARY FOR JUSTICE v. LEUNG HIU YEUNG

Citation

SECRETARY FOR JUSTICE v. LEUNG HIU YEUNG
Court

Court of Final Appeal
Case number

FAMC50/2017

Bail was granted because the applicants face a real risk that their applications for leave to appeal will be rendered nugatory if detained pending the leave hearing, there is no flight risk, and proportionate stringent conditions can address any risk; thus temporary release until the hearing is appropriate while preserving the Crown's position if leave is not granted.
1 Jun 2015

HKSAR v. YEUNG KA SING, CARSON

Citation

HKSAR v. YEUNG KA SING, CARSON
Court

Court of Appeal
Case number

CACC101/2014

The Court refused to certify the questions for the Court of Final Appeal: respondent's question was declined because certification would be contingent on an application for leave to appeal which had not been made and the respondent was not seeking leave; appellant's first question was declined because this Court is bound by the Court of Final Appeal's decision in Oei Hengky Wiryo; appellant's second question was declined because the trial judge was entitled to disbelieve the appellant, treat transactions as unexplained and nonetheless conclude the appellant had reasonable grounds to believe t…
19 May 2006

LEUNG KWOK HUNG AND ANOTHER v. CHIEF EXECUTIVE OF THE HKSAR

Citation

LEUNG KWOK HUNG AND ANOTHER v. CHIEF EXECUTIVE OF THE HKSAR
Court

Court of Appeal
Case number

CACV73/2006

The Court certified the question whether a court may suspend the effect of its declaration or order upon finding inconsistency with the Basic Law as a question of great or general public importance and granted leave to appeal to the Court of Final Appeal; it refused to certify the Article 48(3) complaint because it was a mixed question of law and fact and subject to concurrent findings.

Hong Kong Case Law

H v. DIRECTOR OF IMMIGRATION

SECRETARY FOR JUSTICE v. LEUNG HIU YEUNG

HKSAR v. YEUNG KA SING, CARSON

LEUNG KWOK HUNG AND ANOTHER v. CHIEF EXECUTIVE OF THE HKSAR