Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdiction of appellate court

  • 11 Dec 2023

    楊佩玲 v. SUPER BEST INVESTMENT LTD

    Citation
    [2023] HKCFI 3210
    Court
    Court of First Instance
    Case number
    HCA1465/2022

    Leave to appeal was refused because the Court of Appeal lacks jurisdiction to hear an appeal against the decision referring the parties to arbitration under s20(8) of the Arbitration Ordinance, the applicant failed to demonstrate a reasonable prospect of success on the proposed grounds, and an application to stay the referral would constitute an impermissible backdoor attempt to circumvent the statutory bar on appeal.

    • Stay in favour of arbitration
    • Leave to appeal
    • Jurisdiction of appellate court
    • Setting aside default judgment
    • Combined applications

  • 12 Apr 2016

    周嘉慧 對 隨您鐘意有限公司經營隨您鐘意

    Citation
    周嘉慧 對 隨您鐘意有限公司經營隨您鐘意
    Court
    Court of First Instance
    Case number
    HCMP654/2016

    Section 32(3) of the Labour Tribunal Ordinance makes a refusal to grant leave by the Court final and the Court of Appeal therefore has no power to grant leave; accordingly the applicant's summons for permission to appeal is dismissed.

    • Leave to appeal
    • Finality of statutory decisions
    • Jurisdiction of appellate court

  • 6 Dec 2013

    RE MR LOUIS ASA LUKE ALEXIS DYLAN MABLY

    Citation
    RE MR LOUIS ASA LUKE ALEXIS DYLAN MABLY
    Court
    Court of Appeal
    Case number
    CACV173/2013

    The Court of Appeal held it had jurisdiction and that the Bar Council had standing; on the merits the Chief Judge lawfully and judicially exercised his unfettered discretion under s27(4) after balancing competing facets of the public interest in the wholly exceptional circumstances of the prosecution (HCCC 98 of 2013), so appellate interference was not justified and the appeal was dismissed.

    • Admission of barristers
    • Standing to appeal
    • Jurisdiction of appellate court
    • Public interest balancing
    • Exercise of judicial discretion
    • Admission of overseas counsel

  • 23 Nov 2011

    CHAMPION CONCORD LTD AND ANOTHER v. LAU KOON FOO AND ANOTHER

    Citation
    CHAMPION CONCORD LTD AND ANOTHER v. LAU KOON FOO AND ANOTHER
    Court
    Court of Final Appeal
    Case number
    FACV16/2010

    The appeal was dismissed because (1) the Court of Appeal was duly constituted: parties gave undertakings in open court and are estopped/treated as having waived the requirement to file written consents so the two-judge bench had jurisdiction; and (2) on proper construction of the settlement agreement clauses 13–17 the contract was automatically cancelled under clause 15 when DLO consent was not obtained by the Long Stop Date, so the appellants were not entitled to specific performance.

    • Specific performance
    • Contract interpretation
    • Jurisdiction of appellate court
    • Estoppel
    • Waiver
    • Leave to appeal

  • 11 Dec 2007

    RE LI SAU YING

    Citation
    RE LI SAU YING
    Court
    Court of First Instance
    Case number
    HCMP2384/2007

    An application to extend time to appeal a bankruptcy order is governed by s.100(4) of the Bankruptcy Ordinance and, because 'court' in that provision means the Court of First Instance sitting in its bankruptcy jurisdiction, such applications must be made in the bankruptcy court; Rule 204 does not apply to appeals where time is fixed by s.98(2), and the Court of Appeal should not exercise s.100(4) before an appeal exists.

    • Extension of time
    • Jurisdiction of appellate court
    • Time limits for appeals
    • Bankruptcy rules applicability

  • 18 Jan 2002

    THE LAW SOCIETY OF HONG KONG v. A SOLICITOR

    Citation
    THE LAW SOCIETY OF HONG KONG v. A SOLICITOR
    Court
    Court of Appeal
    Case number
    CACV2112/2001

    Leave to appeal granted ex parte by Keith JA was set aside because the Tribunal legitimately exercised Rule 6(1) to dismiss a wholly unsatisfactory, internally inconsistent and insufficiently particularised multi-charge complaint lacking primary documentary support; even if appellate jurisdiction were arguable, leave should not have been granted in these circumstances and the Court will not admit additional evidence not before the tribunal.

    • Leave to appeal
    • Summary dismissal (rule 6)
    • Jurisdiction of appellate court
    • Procedural fairness
    • Particulars of charge
    • Admissibility of evidence

  • 26 Sept 1996

    LEE SAI HO v. DIRECTOR OF LANDS

    Citation
    LEE SAI HO v. DIRECTOR OF LANDS
    Court
    Court of Appeal
    Case number
    CACV176/1996

    The notice of appeal failed to identify any question of law as required by statute and rules; the Court of Appeal has no jurisdiction to re‑examine the Lands Tribunal's factual valuation or re-open the entire award, and therefore there was no appealable point of law and the appeal was incompetent and properly struck out.

    • Compensation for resumption
    • Appeal on point of law
    • Jurisdiction of appellate court
    • Strike out for want of jurisdiction
    • Allegation of bias

  • 31 Dec 1986

    THE QUEEN v. CHEUNG CHI-KEUNG

    Citation
    THE QUEEN v. CHEUNG CHI-KEUNG
    Court
    Court of First Instance
    Case number
    HCMA1219/1986

    Section 113(1) is confined to appeals after the conclusion of proceedings; it cannot be used to overturn interim rulings made during the course of a magistrates' trial. The appellant adopted the wrong procedure to challenge the plea; the proper course is to proceed to sentence and then, if advised, appeal under section 113.

    • Reversal of guilty plea
    • Jurisdiction of appellate court
    • Magistrates ordinance s.113(1)
    • Judicial review
    • Interim rulings

  • 9 May 1983

    TANG CHAT v. THE QUEEN

    Citation
    TANG CHAT v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC752/1981

    The Court of Appeal, when exercising the statutory power under section 83I(3) to quash and substitute a sentence on appeal, has the same power as the court below to make, amend or discharge a probation order it previously imposed and may deal with a probationer brought before it by warrant issued by the Court of Appeal; accordingly the probation order made on 21 December 1981 could be revoked and the original sentence reinstated.

    • Probation orders
    • Jurisdiction of appellate court
    • Breach of probation
    • Interpretation of statutory powers
    • Concurrent sentencing

  • 3 Apr 1975

    WHITNEY GILL NEWTON v. ERNEST EDWARD WALKER

    Citation
    WHITNEY GILL NEWTON v. ERNEST EDWARD WALKER
    Court
    Court of Appeal
    Case number
    CACC218/1975

    s.113(1) of the Magistrates Ordinance must be read in context and construed ejusdem generis with 'conviction' and 'order'; it does not permit appeals against interlocutory magistrates' rulings, so the appellate court lacked jurisdiction to hear the appeal.

    • Interlocutory appeal
    • Autrefois acquit
    • Duplicative informations
    • Ejusdem generis
    • Jurisdiction of appellate court