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FAMV No. 22 of 2004
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 22 OF 2004 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 130 OF 2004)
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Between:
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SINO WOOD INVESTMENT LIMITED |
Applicant |
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and |
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WONG KAM YIN (also known as
WONG KAM LING and MANDY WONG) |
Respondent |
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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 12 January 2005
Date of Determination: 12 January 2005
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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. The construction contended for by the applicant is, in our opinion, reasonably arguable. And we are of the opinion that the question of statutory construction involved comes within s.22(1)(b) of the Hong Kong Court of Final Appeal Ordinance as one which, by reason of its great general or public importance, ought to be submitted to the Court of Final Appeal for decision. As to the question of attempted contempt, we consider it appropriate in all the circumstances to let it go forward to the Court of Final Appeal on the “or otherwise” limb of s.22(1)(b). Leave to appeal to the Court of Final Appeal is granted accordingly.
[The parties being content that leave to appeal to the Court of Final Appeal be conditional on the applicant providing security under s.25 in the sum of $400,000 within 14 days, that condition was imposed. The costs of this leave application to be costs in the appeal.]
| (Kemal Bokhary) |
(Patrick Chan) |
(R.A.V. Ribeiro) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Mr Benjamin Yu SC and Ms Yvonne Cheng (instructed by Messrs Allen & Overy) for the applicant
Mr John Scott SC and Mr Anson M K Wong (instructed by Messrs Lau Lin & Co.) for the respondent
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