Case Details

Citation

THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION v. SECRETARY FOR JUSTICE, FAMV 19/2010

Case Number

FAMV 19/2010

Court

Court of Final Appeal

(CFA)

Decision Date

13 December 2010

Parties

Applicant(s):

THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION

Respondent(s):

SECRETARY FOR JUSTICE

For Applicant(s):

Mr Martin Lee SC, Mr Erik Shum and Mr Hectar Pun (instructed by Messrs Wong, Hui & Co.)

For Respondent(s):

Mr Bernard Man; the Department of Justice)

THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION v. SECRETARY FOR JUSTICE

FAMV 19/2010

Court of Final Appeal13 December 2010

FAMV19/2010 THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION v. SECRETARY FOR JUSTICE

FAMV No.19 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 19 OF 2010 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 18 OF 2007)

_____________________

Between:

	THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION	Applicant (Applicant)
	- and -
	SECRETARY FOR JUSTICE	Respondent (Respondent)

_____________________

Appeal Committee:

Chief Justice Ma, Mr Justice Bokhary PJ and
Mr Justice Ribeiro PJ

Date of Hearing:
Date of Determination:

13 December 2010
13 December 2010

________________________

D E T E R M I N A T I O N

________________________

Chief Justice Ma:

1. We are satisfied that leave to appeal should be granted on the following question:

Are the provisions of sections 40BK(2) & (3)(a) and 40BU(2) & (3) of the Education Ordinance, Cap. 279, inconsistent with Article 136(1) and/or Article 137(1) and/or Article 141(3) of the Basic Law and therefore unconstitutional?

(Geoffrey Ma)	(Kemal Bokhary)	(R A V Ribeiro)
Chief Justice	Permanent Judge	Permanent Judge

Mr Martin Lee SC, Mr Erik Shum and Mr Hectar Pun (instructed by Messrs Wong, Hui & Co.) for the applicant

Mr Bernard Man (instructed by the Department of Justice) for the respondent

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION v. SECRETARY FOR JUSTICE
CFI · 23 Nov 2006
On appeal from
THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION v. SECRETARY FOR JUSTICE
CA · 3 Jun 2010
On appeal from
THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION v. SECRETARY FOR JUSTICE
CFA · 13 Dec 2010
This judgment
THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION v. SECRETARY FOR JUSTICE
CFA · 3 Oct 2011
On appeal from
THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION v. SECRETARY FOR JUSTICE
CFA · 6 Jan 2012
On appeal from
THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION v. SECRETARY FOR JUSTICE
CA
On appeal from