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FAMV No. 53 of 2007
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 53 OF 2007 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 91 OF 2005)
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Between:
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KAN KAM CHO |
1st Applicant |
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KAN PAK KIN |
2nd Applicant |
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- and - |
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KAN CHIU NAM RAYMOND
KAN KAM LOK
as the intended managers of
KAN NG WO LI (OR LEE)
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Respondent |
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| Appeal Committee: |
Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ |
| Date of Hearing: |
5 November 2007 |
| Date of Determination: |
5 November 2007 |
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DETERMINATION
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Mr Justice Bokhary PJ :
1. Three questions are set out in the Notice of Application for Leave, being Questions 1, 2(a) and 2(b).
2. Question 1 ought, in our view, to be submitted to the Court of Final Appeal under the “or otherwise” limb of s.22(1)(b) of the Court’s statute.
3. In our view, it is reasonably arguable that the issue of fact identified by Question 2(b) should be resolved in favour of the applicant. If it is so resolved, the point of law identified by Question 2(a) would arise. That point of law ought, in our view, to be submitted to the Court under the “great general or public importance” limb of s.22(1)(b).
(Kemal Bokhary)
Permanent Judge |
(Patrick Chan)
Permanent Judge |
(RAV Ribeiro)
Permanent Judge |
Mr Gerard McCoy SC and Mr Francis Yip (instructed by Messrs Ko & Chow) for the applicants
Mr Mok Yeuk-chi and Mr Lee Tung-ming (instructed by Messrs David Y Y Fung & Co.) for the respondents
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