Hong Kong Case Law

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.

• Judicial duty under basic law art.104
• Leave to appeal and finality provisions
• Interlocutory versus final judgments
• Security for costs
• Constitutional challenge exception to finality