11 Dec 2020
The application for leave to appeal to the Court of Final Appeal was refused because the proposed appeal concerns factual disputes in an employment contract case, does not raise any issue of wide public importance, has no real prospect of success, and is barred by Labour Tribunal Ordinance s32(3); the application therefore amounted to an abuse of process and was dismissed.
26 May 2006
Leave to appeal was refused because the applicant failed to identify any error of law in the Tribunal's detailed reasons, relied on fresh factual complaints not pursued below, and only advanced disputes about credibility and facts which are not sufficient to obtain leave under s.32(1)(a).
19 Sept 2000
The Court of Appeal held that Deputy Judge Tong was not functus officio because his December order had not been drawn up or perfected; therefore his refusal to rehear the application for leave was an unexercised discretion which the Court of Appeal could exercise. In the interests of justice and given arguable grounds that were not considered when the claimant was unrepresented, the Court allowed the appeal, set aside the judge's refusal to rehear and directed that the claimant's application for leave to appeal be reheard by Deputy Judge Tong.