13 Nov 2012
HO CHUN YAN, ALBERT v. LEUNG CHUN YING AND ANOTHER
- Citation
- HO CHUN YAN, ALBERT v. LEUNG CHUN YING AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FAMV32/2012
The Court held it has jurisdiction under a purposive construction of s22(1)(c) to entertain leap-frog appeals in proceedings under the CEEO; Lam JA correctly struck out the pre-candidacy statement as outside s26 ECICO and properly refused to extend time because the petition based on the second statement had no real prospect of success; where a time limit is unconstitutional the appropriate remedy is to read in a judicial discretion to extend time rather than abolish the limit; the 'real prospect of success' threshold for extension is appropriate given the legislative policy of rapid resolutio…