EASTERN EXPRESS PUBLISHER LTD. AND ANOTHER v. MO MAN CHING AND ANOTHER

CACV 178/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 178 OF 1998

(ON APPEAL FROM HCA NO. 5660 OF 1995)

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J U D G M E N T

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Liu, JA:

1. This court is grateful to both counsel for their well-structured submissions. This application is focused on s. 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance. Every matter at issue in the Court of Appeal was within a narrow compass. Despite the embellishments and on the assumption that the affidavit of Professor Leung is admissible, the decided issues do not seem to have given rise to any point of great general or public importance or "otherwise". Mr Tang relies on the words "great general or public importance" alone. It has to be recognised that a point not strictly falling within s. 22(1)(b) may qualify for the applicants' purpose in a different context, such as freedom of the press, but we are not persuaded that this is a case of that nature. The application is denied with costs.