APPLE DAILY LTD. v. THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION

CACV 357/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 357 OF 1999

(ON APPEAL FROM HCMP NO. 7315 OF 1999)

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J U D G M E N T

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Keith JA (giving the judgment of the court):

1. We have decided to refuse this application for leave to appeal to the Court of Final Appeal. We are inclined to think that the questions which the appeal raises are academic for the reasons set out in para. (ii) on pp. 34 and 35 of our judgment. But the actual reason why we are refusing leave is that there are some cases in which the ultimate decision as to whether the Court of Final Appeal should be burdened with an appeal should be made by the Court of Final Appeal itself. We believe that this is one of those cases.