16 Nov 2012
KOON WING YEE v. SECRETARY FOR JUSTICE
- Citation
- KOON WING YEE v. SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV245/2011
The Court of Appeal dismissed the appeal: it held it had no jurisdiction to stay or strike out the already registered IDT Order because registration under s.29 converted the Tribunal's Order into a Court of First Instance order, perfection had occurred and the residual discretion to reopen was not satisfied; the IDT's decision‑making did not amount to exercise of the HKSAR's judicial power under the Basic Law and the act of registration was an administrative act performed by the Registrar and thus subject to judicial review rather than being an exercise of judicial power by the IDT.