|
CACV 11/2004
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 11 OF 2004
(ON APPEAL FROM hcmp nO. 4694 OF 2003)
_______________________
BETWEEN
| |
SECRETARY FOR JUSTICE |
Respondent |
| |
and |
|
| |
CHOY BING WING |
Applicant |
______________________
Before: Hon Stuart-Moore VP, Yeung JA & Burrell J in Court
Date of Hearing: 1 March 2005
Date of Judgment: 1 March 2005
______________________
J U D G M E N T
______________________
Hon Yeung JA (giving Judgment of the Court):
1. On 3 December 2004, we rejected Mr Choy’s appeal against the order of the Chief Judge dismissing his application to strike out the contempt proceedings instituted by the Secretary for Justice.
2. Mr Choy now seeks leave to appeal to the Court of Final Appeal against our decision. We take Mr Choy’s application also as an application for a certificate under s 32(2) of the Hong Kong Court of Final Appeal Ordinance Cap 484.
3. To succeed on his application on either limb, Mr Choy must persuade us that his proposed appeal involves a question or a point of law of great and/or general public importance, or that there are other reasons to submit such point to the Court of Final Appeal.
4. Mr Choy has not identified any question or point of law of great and/or general public importance. We can think of no reason to submit any question or point of law to the Court of Final Appeal.
5. We have considered the background of the case and everything urged upon us by Mr Choy, both orally and in written form. We are not persuaded that the requirements set out in the Hong Kong Court of Final Appeal have been met.
6. We therefore refuse Mr Choy’s application with costs.
(M. Stuart-Moore)
Vice-President |
(W Yeung)
Justice of Appeal |
(M.P. Burrell)
Judge of the Court of First Instance |
Applicant: In person
Mr Gerald McCoy SC of the Department of Justice for the Respondent.
Appellant: In person.
Mr Gerald McCoy SC of the Department of Justice for the Respondent.
|