|
CACV 110/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 110 OF 2013
(ON APPEAL FROM HCB 5227 OF 2006)
________________________
| BETWEEN |
|
|
|
CHANG HYUN CHI |
Appellant |
|
and |
|
|
OFFICIAL RECEIVER |
1st Respondent |
|
JOINT AND SEVERAL TRUSTEES OF THE ESTATE OF CHANG HYUN CHI, THE BANKRUPT |
2nd Respondent |
________________________
| Before : Hon Cheung, Yuen and Barma JJA in Court |
| Date of Appellant’s Written Submissions : 11 March 2015 |
| Dates of 1st Respondent’s Written Submissions: 27 February and 2 April 2015 |
| Date of Decision : 16 April 2015 |
________________________
DECISION
________________________
Hon Cheung JA (giving the Decision of the Court):
1. We will grant leave to the Official Receiver to appeal to the Court of Final Appeal pursuant to section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) on the ground that the question of ‘Whether s.30A(10)(a) of the Bankruptcy Ordinance (Cap 6) is constitutional?’ involves a question of great general or public importance.
2. We will direct the Official Receiver to apply to the Court of Final Appeal in regard to the conditions of the appeal.
3. We will stay the execution of our judgment until the determination of the appeal by the Court of Final Appeal.
4. The costs of the application be in the cause of the appeal.
| (Peter Cheung) |
(Maria Yuen) |
(Aarif Barma) |
| Justice of Appeal |
Justice of Appeal |
Justice of Appeal |
Written Submissions by Ms Margaret Ng, instructed by Zhong Lun Law Firm, assigned by Director of Legal Aid, for the appellant
Written Submissions by Ms Linda Chan, SC, instructed by Department of Justice, for the 1st respondent
Chow, Griffiths & Chan, for the 2nd respondent be excused from participation in the leave application
|