LIN ZHEN MAN t/a YAT CHONG ELECTRIC CO. v. SOO YUN WAH

FAMV No. 19 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 19 OF 1998 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCLA No. 40 OF 1998)

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D E T E R M I N A T I O N

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Mr Justice Bokhary, PJ:

1. This is an application for leave to appeal to the Court of Final Appeal against a refusal by the Court of First Instance to grant the applicant leave to appeal against a decision of the Labour Tribunal.

2. The applicant's first difficulty is s.32(3) of the Labour Tribunal Ordinance, Cap. 25. That subsection provides that a refusal by the Court of First Instance to grant leave to appeal to it from the Labour Tribunal shall be final.

3. Next, as one sees from ss 35 and 35A of the same Ordinance, such matters can only proceed beyond the Court of First Instance if that court grants leave to appeal, it then decides the appeal, and the Court of Appeal then grants leave to appeal to it from the Court of First Instance. Then such an appeal goes to the Court of Appeal. This matter, which the applicant wants to take to the Court of Final Appeal, has never been to the Court of Appeal.

4. Even ignoring those difficulties, the reality of the present matter is this. The applicant seems to see broad implications in the Labour Tribunal's decision. But the Labour Tribunal's decision against him, which he wishes to question before the Court of Final Appeal, actually turned on the factual circumstances of the case. And appeals from the Labour Tribunal to the Court of First Instance are available only on the grounds that the Labour Tribunal erred in law or had strayed beyond its jurisdiction.

5. On any view, there is no proper basis for granting leave to appeal to the Court of Final Appeal. Such leave is refused.