DR PAUL KI PING KI v. NEXT MAGAZINE PUBLISHING LTD AND OTHERS

CACV33/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 33 of 2004

(ON APPEAL FROM HCA NO. 4173 OF 2001)

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J U D G M E N T

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Hon Rogers VP:

1. This court has no alternative but to dismiss this application.  It does not come within section 22(1)(a) for the reasons that it is not a final appeal and the amount involved is not sufficient to bring it within that subsection anyway.  In my view, it would be wrong for this court to grant leave to appeal in view of the judgment which we gave on 4 November which is self-explanatory and, on the basis of that judgment, any appeal would be doomed to failure.

Hon Le Pichon JA:

2. I agree.