KOON TUNG YING v. LAU CHUP HEI

CACV 80/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 80 OF 1998

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J U D G M E N T

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Godfrey, J.A. :

1. It is accepted that the applicant here is entitled to appeal to the Court of Final Appeal as of right and accordingly we order that the applicant do have leave to appeal. We further order that if legal aid be granted to the applicant within 28 days from today for the prosecution of the appeal, then the respondent is to be at liberty to apply to this court if so advised for security for his costs of the appeal, but that if the applicant has not been granted such legal aid within the same period, then the leave granted is to be conditional upon the applicant entering into security under s.25(2)(a) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, which we fix in a sum of $400,000. Both parties are to be at liberty to apply for the further implementation of this order.

2. The order will recite the undertaking given to this court by the respondent's solicitors by counsel for the respondent (being their counsel for this purpose) that they will not release to their client the money standing to the credit of their client in their client's account in relation to the subject matter of this action without further order of this court or of the Court of Final Appeal.

3. We will make no order today for costs of the present application, but after 28 days from today, either party is to be at liberty to apply if so advised for an order providing for his or her costs of this application.