Cap. 17activeordinance

Lands Tribunal Ordinance

土地審裁處條例

Full legislation

s.11AA

Leave to appeal

(1)
Subject to subsection (2), no appeal may be made under
section
                                        11(2)
unless leave to appeal has been granted by the
                                Tribunal or the Court of Appeal.
(2)
Subject to subsection (4), an appeal lies as of right to a
                                presiding officer from a judgment, order or decision of a
                                registrar.
(3)
An appeal under subsection (2) is subject to rules made under
section 10(3)
.
(4)
Where rules made under
section 10(3)
provide that an
                                appeal from a specified judgment, order or decision of a registrar
                                lies to the Court of Appeal, the appeal may be made to the Court of
                                Appeal with leave of a registrar or the Court of Appeal.
(5)
Leave to appeal may be
granted—
(a)
in respect of a particular issue arising out of the
                                        judgment, order or decision; and
(b)
subject to such conditions as the Tribunal, the Court of
                                        Appeal or the registrar hearing the application for leave
                                        considers necessary in order to secure the just, expeditious
                                        and economical disposal of the appeal.
(6)
Leave to appeal shall not be granted unless the Tribunal, the Court
                                of Appeal or the registrar hearing the application for leave is
                                satisfied
that—
(a)
the appeal has a reasonable prospect of success;
                                        or
(b)
there is some other reason in the interests of justice why
                                        the appeal should be heard.
(7)
This section does not apply in relation to a judgment, order or
                                decision of the Tribunal or a registrar of the Tribunal made before
                                the commencement* of this section.
(8)
In this section,
registrar
(
司法常務官
) includes a deputy
                                registrar or assistant registrar of the Tribunal.