Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Finality clause

  • 13 Dec 2010

    MOK CHARLES PETER v. TAM WAI HO AND ANOTHER

    Citation
    MOK CHARLES PETER v. TAM WAI HO AND ANOTHER
    Court
    Court of Final Appeal
    Case number
    FACV8/2010

    Section 67(3) of the Legislative Council Ordinance insofar as it makes the Court of First Instance's certified determination final and entirely bars any appeal is unconstitutional and invalid because Article 82 of the Basic Law is engaged and the absolute finality provision fails the proportionality test (it goes beyond what is necessary to secure the legitimate aim of speedy and certain determination). Accordingly the appeal is allowed and the merits appeal is remitted to the Court of Appeal.

  • 24 Nov 2010

    RE TANG KAI TAK

    Citation
    RE TANG KAI TAK
    Court
    Court of First Instance
    Case number
    HCAL120/2010

    Pre-election judicial review challenging nomination is barred because the proper remedy is an election petition; interim relief affecting nomination or the conduct of the election will not be granted except in the most exceptional cases; challenges to exclusion from final register of electors are not treated urgently here but may proceed by ordinary judicial review process after applicant reviews transcripts and files evidence.

  • 25 Apr 2001

    PETER P.F. CHAN v. HONG KONG SOCIETY OF ACCOUNTANTS

    Citation
    PETER P.F. CHAN v. HONG KONG SOCIETY OF ACCOUNTANTS
    Court
    Court of Final Appeal
    Case number
    FAMV11/2001

    Leave to appeal was refused because the monetary threshold does not include costs and the applicant has not demonstrated any reasonable prospect of success on points of law or fact sufficient to justify grant of leave, given the high threshold for overturning concurrent findings of negligence and penalty by disciplinary tribunals and the Court of Appeal; accordingly the application was dismissed and costs awarded to the respondent.

  • 17 May 2000

    KWAN SHUNG KING v. HOUSING APPEAL TRIBUNAL

    Citation
    KWAN SHUNG KING v. HOUSING APPEAL TRIBUNAL
    Court
    Court of First Instance
    Case number
    HCAL161/1999

    The Tribunal's confirmation of the notice to quit was quashed because there was no legal breach of Clause 2(j): the applicant lacked knowledge or reasonable suspicion and could not reasonably have foreseen the isolated gambling event, Clause 4(g) did not apply because the third party was not a servant, and the statutory finality provision did not preclude judicial review of errors of law by the Tribunal.