Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Security for due prosecution
  • 29 Oct 2021

    TANG KWOK PANG v. KOT SEE FOR

    Citation
    [2021] HKCFA 36
    Court
    Court of Final Appeal
    Case number
    FAMV255/2021

    Conditional leave granted by the Appeal Committee did not create a subsisting final appeal because applicant failed to comply with rule 13 to obtain final leave; accordingly the conditional grant was rescinded and the Notice of Motion for leave to appeal dismissed; the court's implied jurisdiction permits the security paid into court to be applied to compensate the respondent for costs incurred in defending the abortive leave application; the stay of execution granted with conditional leave is lifted upon dismissal; the sealed affirmation is to be unsealed and served subject to a confidential…