6 Apr 2006
THE STOCK EXCHANGE OF HONG KONG LTD v. NEW WORLD DEVELOPMENT CO LTD AND OTHERS
- Citation
- THE STOCK EXCHANGE OF HONG KONG LTD v. NEW WORLD DEVELOPMENT CO LTD AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV22/2005
Article 35, read in context of the Basic Law, protects access to the courts of judicature only; the Listing Committee Disciplinary Committee is not a court of law under Article 35; consequently the respondents have no absolute constitutional right under Article 35 to unrestricted legal representation at the disciplinary hearing; common law fairness governs and, on the facts, the chairman permissibly left the question open and the challenge was premature and should have awaited further proceedings and exhaustion of domestic remedies.