TING WAI KWONG v. THE INCORPORATED OWNERS OF WAH FAT INDUSTRIAL BUILDING

HCMP 1827/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 1827 OF 2007

(ON AN INTENDED APPEAL FROM DCCJ 444 OF 2006)

___________________

___________________

Date of Hearing : 23 September 2008

Date of Decision : 23 September 2008

Date of Reasons for Decision : 26 September 2008

_______________________

REASONS FOR DECISION

_______________________

Hon Cheung JA (giving reasons for decision of the court) :

1. The applicant applied for leave to appeal to the Court of Final Appeal against our decision of 18 July 2008.  In that decision we refused to grant leave to the applicant to appeal against the judgment of Deputy District Judge Lo.

2. The Court of Final Appeal has stated in HLF v. MTC and LHN [2004] 3 HKLRD 241 that where leave to appeal is refused by the Court of Appeal the decision does not constitute a judgment upon which an appeal may be lodged to the Court of Final Appeal.  This being the case there was no jurisdiction for us to grant any leave to the applicant.  The applicant was refused with no order as to costs.