DOCSLIB.ORG

Christopher Leong

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Christopher Leong FEBRUARY 2019 二零一九年二月 HK$308 h k - l a w y e r . org Cover Story 封面專題 Face to Face with 專 訪 Christopher Leong President, LAWASIA 梁肇富 LAWASIA會長 PUBLIC RECORDS 公 共 記 錄 ACCESS TO INFORMATION 索取資料 ARBitratioN 仲裁 An Overview of the An Overview of the Is the Right to Appeal Appealing to Consultation Paper on Consultation Paper on Access the Commercial World? Archives Law to Information 對仲裁裁決的上訴權是否對商業社 概述檔案法諮詢文件 《公開資料》諮詢文件概覽 會具有吸引力? SPONSORSHIP OPPORTUNITIES NOW AVAILABLE! Contact Tracy at [email protected] SAVE THE DATE! to join the mailing list to receive INDIA - February 28 event updates and submission details. MALAYSIA - March 28 Contact Amantha at [email protected] SE ASIA - April 11 for more information on sponsorship and get publicity across the region. CHINA - April 18 JAPAN - June 12 SHARE YOUR ALB MOMENTS ON HONG KONG - September 6 SOCIAL MEDIA #ALBAWARDS INDONESIA - October 10 PHILIPPINES - October 25 KOREA - November 14 WWW.LEGALBUSINESSONLINE.COM/LAW-AWARDS Hong Kong Lawyer 香港律師 www.hk-lawyer.org The official journal of The Law Society of Hong Kong (incorporated with limited liability) 香港律師會 (以有限法律責任形式成立) 會刊 HONG KONG LAWYER www.hk-lawyer.org THE OFFICIAL JOURNAL OF THE LAW SOCIETY OF HONG KONG 香港律師會會刊 Editorial Board 編輯委員會 Chairman 主席 Huen Wong 王桂壎 Inside your February issue Nick Chan 陳曉峰 Peter CH Chan 陳志軒 二月期刊內容 Charles CC Chau 周致聰 Michelle Cheng 鄭美玲 Heidi KP Chu 朱潔冰 編者的話 Julianne P Doe 杜珠聯 3 Editor’S Note Elliot Fung 馮以德 4 PRESIDENT’S Message 會長的話 Steven Brian Gallagher Warren P Ganesh 莊偉倫 6 CONTRIButors 投 稿 者 Julienne Jen 任文慧 Karen Lam 藍嘉妍 8 From THE Secretariat 律師會秘書處資訊 Byron TW Leung 梁東華 12 COVER STORY 封面專題 Stella SY Leung 梁淑儀 Face to Face with 專訪 Adamas KS Wong 黃嘉晟 Christopher Leong 梁肇富 Tony YH Yen 嚴元浩 President, LAWASIA LAWASIA會長 THE COUNCIL OF THE LAW SOCIETY OF HONG KONG 20 LAW SOCIETY NEWS 律師會新聞 香港律師會理事會 31 From THE COMMISSIONER OF 個人資料私隱專員公署專員 President 會長 the pcpd 議題 Melissa K Pang 彭韻僖 Data Protection in Digital Revolution 數碼革命中的資料保護 Vice Presidents 副會長 Amirali B Nasir 黎雅明 33 PUBLIC RECORDS 公共記錄 Brian W Gilchrist 喬柏仁 An Overview of the Consultation Paper 概述檔案法諮詢文件 CM Chan 陳澤銘 on Archives Law Council Members 理事會成員 索取資料 Thomas ST So 蘇紹聰 40 ACCESS TO INFORMATION An Overview of the Consultation Paper on 《公開資料》諮詢文件概覽 Stephen WS Hung 熊運信 Access to Information Billy WY Ma 馬華潤 Cecilia KW Wong 黃吳潔華 46 ARBitratioN 仲 裁 Denis G Brock 白樂德 Is the Right to Appeal Appealing to 對仲裁裁決的上訴權是否對商業社 陳曉峰 Nick Chan the Commercial World? 會具有吸引力? Serina KS Chan 陳潔心 Warren P Ganesh 莊偉倫 52 Industry INSIGHTS 業界透視 Simon SC Lai 黎壽昌 Postage Paid 湯文龍 案例撮要 Permit Roden ML Tong HONG59 CASES INKONG BRIEF LAWYER Hong Kong E No. 5643 Port Paye Robert C Rhoda 羅睿德 THE OFFICIAL JOURNAL OF THE LAW SOCIETY OF HONG KONG 香港律師會會刊 會員動向 Jonathan Ross 羅彰南 70 professional moves Pierre TH Chan 陳達顯 78 Lawyers at LEISURE 律師閒情 Eric TM Cheung 張達明 所有人的豎琴 Karen Lam 藍嘉妍 Harp for All Careen HY Wong 黄巧欣 82 Legal TRIVIA QUIZ 法律知識測驗 Secretary General 秘書長 Heidi KP Chu 朱潔冰 84 CAMPUS VOICES 法學院新聞 Law Society’s Contact: www.hklawsoc.org.hk PRINTED MATTER 與律師會聯繫 Tel: +852 2846 0500 If undelivered, please return to Unit F, 14/F., Wah Lik Industrial Annual Subscription 全年訂閱: HK$3,696 Centre, 459-469 Castle Peak Road, Tsuen Wan Thomson Reuters Hong Kong Limited 16/F, Cityplaza 3, Taikoo Shing, Hong Kong Tel: +852 2847 2088 www.thomsonreuters.com ISSN 1025-9554 Subscribe to our FREE e-Newsletter © Copyright is reserved throughout. No part of this publication can be reproduced in whole or for the latest legal trends and developments in part without the express permission of the editor. Contributions are invited, but copies of work should Hong Kong and China be kept, as Hong Kong Lawyer can accept no responsibility for loss. HKlawyer-Carr-Sht.indd 2 4/29/18 18:21 FEBRUARY 2019 二零一九年二月 HK$308 Managing Editor 執行主編 Ranajit Dam 鄧文杰 [email protected] Tel: +65 6870 3393 Lead Editor 編輯 Navin G. Ahuja Design and Production 設計及制作 Woncherian Wong 黄梓恒 [email protected] Translation team 翻譯組 InfoPower Tang Mei Kwan Special thanks to Hong Kong Law Reports & Digest and Reuters News 特別感謝 香港法律彙報與摘錄 及 路透社新聞 For marketing/promotion opportunities please contact: Head of Legal Media business, ANA Amantha Chia 謝京庭 [email protected] Tel: +65 6870 3917 For subscriptions contact: Traffic Administrator 統籌 Gloria Ng 吳傲宜 [email protected] Tel: +852 2843 6415 PRINT SUBSCRIPTION AVAILABLE STAY IN THE KNOW All information and views expressed Hong Kong Lawyer, as the official monthly magazine of the Law Society by contributors and advertisements in Hong Kong Lawyer do not of Hong Kong, provides the legal community with news and insights necessarily reflect the official opinion necessary to keep abreast of the latest trends and developments. of The Law Society of Hong Kong. Whilst every effort is made to ensure The magazine focuses on topical, relevant content through features editorial and commercial integrity, and regular sections, and ensures that each issue is read and no responsibility is accepted by the Publisher or The Law Society trusted amongst the legal community. To get it online, simply go to of Hong Kong for the accuracy of www.hk-lawyer.org. material appearing in this journal. Members are encouraged to To receive a hard copy of Hong Kong Lawyer, you can make a single contribute but the Editorial Board purchase of HKD308 for 1 issue, or HKD3,696 for 12 issues. To of The Law Society of Hong Kong proceed with print subscription, please contact Gloria Ng at: reserves the right to publish only material it deems appropriate. [email protected] NovemberFebruary 20182019 • EDITOR’Seditor’S NOTEnote 編 者 的 話 EDITOR’S NOTE 編者的話 I am delighted to share that I have resumed my role as Lead Editor 很高興回到《香港律師》主編的崗位。首先祝 of Hong Kong Lawyer and would like to wish you, our readers a 讀者們新年快樂！2019年2月號包括多篇值得 Happy Chinese New Year! The February 2019 issue contains various 注意的專題文章。 noteworthy articles in inter alia the Feature section. The Law Reform Commission’s Access to Information Sub-Committee 法律改革委員會轄下的公開資料小組委員會及 and the Archives Sub-Committee, have each published a consultation 檔案法小組委員會發表諮詢文件，就是否需要 paper to invite the public views (until 5th March 2019) on whether 改革現行制度徵詢公眾意見(2019年3月5日截 any reform of the current regime is needed. The former concerns the right for the members of the public to access information held by the 止)。前者涉及公眾索取政府或公共機構信息的 government or public authorities that is based on a code promulgated 權利，相關守則於1995年頒佈後一直未作修 in 1995 and largely unchanged. The latter concerns the management 訂。後者涉及記錄的管理，儘管目前香港沒有 of physical records although presently there is no archives law in 檔案法。「公共記錄」和「索取資料」的專欄 Hong Kong. Accordingly, the Public Records feature and Access to 闡述了兩份諮詢文件。 Information feature shed light on their respective consultation paper. Finally, it has been acknowledged that one of the key features of 仲裁的關鍵特徵之一是終極性原則，即一旦有 arbitration is the principle of finality. This means that once an arbitral 了仲裁判決，仲裁爭議各方通常會根據適用的 ward is rendered, the parties to the dispute in the arbitration generally waive their right to appeal subject to the applicable law and rules. 法律和規則放棄其上訴權。有些規則免除當事 Some rules go to the extent of waiving the parties’ right to set aside the 人撤銷裁決的權利，即儘管仲裁存在程序上的 award, i.e. the award cannot be annulled notwithstanding there were 違規行為，亦不能宣佈裁決無效。另一些法律 procedural irregularities in the arbitration. On the other hand, some 允許仲裁各方就法律觀點提出上訴，最少有一 laws do allow for appeal on a point of law and at least one arbitral 間仲裁機構引入規則，容許當事人在法律錯誤 institution has introduced rules that provide a right to appeal based not only on an error of law but also erroneous findings of fact. What 及事實調查錯誤時提出上訴。這對香港有何影 does this mean for Hong Kong? The Arbitration feature discusses 響？仲裁專欄討論上訴制度的重要性，探討仲 the importance of an appeal system and examines the connection 裁法與香港法庭之間的聯繫。 between the arbitration law and the courts in Hong Kong. As always, we look forward to receiving your valuable queries, 一如以往，我們歡迎讀者提問、發表寶貴意見 comments, views, and submissions, enabling Hong Kong Lawyer 和觀點，令《香港律師》能繼續成長，更好地 to grow and better serve the Hong Kong community. Please do not 為香港社會服務。歡迎隨時與我們聯繫！ hesitate to contact us Navin G. Ahuja Navin G. Ahuja Editor, Hong Kong Lawyer 《香港律師》編輯 Legal Media Group Thomson Reuters Legal Media Group 湯森路透 www.hk-lawyer.org 3 • February 2019 PRESIDENT’S MESSAGE 會長的話 2019 LAWASIA Conference in Hong Kong! “An important event in the legal calendar this year will be the Eleventh Lawasia Conference to be staged here in September. The Law Society and the Bar will play host to delegates from 21 countries. The five day conference will embrace many topical issues of mutual interest to the legal profession in the region.” (President’s Report 1988/89 published in the Law Society Annual Report) The then President of the Law Society was Mr Simon S O Ip and the Vice President was Mr Donald Yap who was elected President of LAWASIA in 1995. The “important event” held 30 years ago in 1989 was the LAWASIA Conference hosted by the Law Society for the first time in Hong Kong. We had the honour of hosting this international conference for the second time in 2007 along with our Centenary celebrations in the same year. The then President of the Law Society was Mr Lester Huang who was elected President of under One Country Two Systems to help long distances away from Hong Kong. LAWASIA in 2009. I am currently one of the clarify any misunderstanding or uncertainty Vice Presidents of LAWASIA.
Load more

Recommended publications
  • The Rule of Law in an Evolving Democracy Syed Kemal Bokhary* I
    THE RULE OF LAW IN AN EVOLVING DEMOCRACY Syed Kemal Bokhary* No democratic arrangement is perfect. All are open to abuse. Still democracy’s blessings are self-evident. Hong Kong’s democracy is evolving, and still far from fully realised. Everybody agrees that an increase is needed. But the pace and form of the increase are matters of political controversy. Absent full democracy, can the rule of law prevail? Yes, but only on certain conditions. There has to be independent judicial stewardship of an entrenched constitution. Powers must be properly separated. Human rights must be protected conformably with international norms.1 And the existence of the rule of law must not be treated as justification for delay in democratic development. Without defining the rule of law, these conditions illustrate its nature. I. Judicial Independence and an Entrenched Constitution Our judiciary – as I have previously explained in Hong Kong2, in Mainland China 3 and overseas 4 – is independent. And it is well served by an able profession, a learned academy, a free media and an alert population. Hong Kong’s constitution is entrenched. Initially our constitutional instruments were the Letters Patent and the Royal Instructions. In 1991 they were joined by the Bill of Rights which is modelled on the International Covenant on Civil and Political Rights. Today our constitution is the Basic Law. It came into force upon the handover by which Chinese sovereignty of Hong Kong was resumed on 1 July 1997. By its preamble, the Basic Law declares the “one country, two systems” principle. It is pursuant to this principle that Hong Kong’s system is preserved different from the Mainland’s.
    [Show full text]
  • In the Court of Final Appeal of the Hong Kong Special Administrative Region
    FACV Nos. 9 & 10 of 2006 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NOS. 9 & 10 OF 2006 (CIVIL) (ON APPEAL FROM CACV NOS. 297 & 298 OF 2004) _______________________ Between: SIEGFRIED ADALBERT UNRUH Plaintiff (Respondent) - and - HANS-JOERG SEEBERGER 1st Defendant (1st Appellant) EGANAGOLDPFEIL (HOLDINGS) LIMITED 2nd Defendant (2nd Appellant) _______________________ Court: Chief Justice Li , Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Mr Justice McHugh NPJ Dates of Hearing: 15, 16 and 18 January 2007 Date of Judgment: 9 February 2007 _______________________ J U D G M E N T _______________________ Chief Justice Li: 1. I agree with the judgment of Mr Justice Ribeiro PJ. — 2 — Mr Justice Bokhary PJ: 2. I agree with the judgment of Mr Justice Ribeiro PJ. Mr Justice Chan PJ: 3. I have read the judgment of Mr Justice Ribeiro PJ in draft. I agree entirely with his comprehensive analysis and conclusions. I too would dispose of these appeals as proposed by him in the concluding paragraph of his judgment. Mr Justice Ribeiro PJ: A. The parties and the issues 4. On 19 September 1992, the plaintiff (“Mr Unruh”) entered into a Memorandum of Agreement (“the MoA”) with the 1st defendant (“Mr Seeberger”). The MoA provides that under certain circumstances, Mr Unruh is to become entitled to payment of a “Special Bonus”. Mr Unruh contends that such entitlement has arisen and, not having been paid, brought proceedings to recover the same from Mr Seeberger and from the 2nd defendant (“Egana”, formerly called Haru International (Holdings) Limited).
    [Show full text]
  • In the Court of Final Appeal of the Hong Kong Special Administrative Region
    FACV No. 17 of 2008 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 17 OF 2008 (CIVIL) (ON APPEAL FROM CACV NO. 248 OF 2006) _____________________ Between : PECONIC INDUSTRIAL DEVELOPMENT LTD Plaintiff (Appellant) - and - LAU KWOK FAI 1st Defendant (Respondent) ALBERT K.K. LUK & CO. (a firm) 2nd Defendant K.F. LAU & CO. (a firm) 3rd Defendant (Respondent) _____________________ FACV No. 18 of 2008 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 18 OF 2008 (CIVIL) (ON APPEAL FROM CACV NO. 245 OF 2006) _____________________ - 2 - Between : PECONIC INDUSTRIAL DEVELOPMENT LTD Plaintiff (Appellant) - and – LAU KWOK FAI 1st Defendant ALBERT K.K. LUK & CO. (a firm) 2nd Defendant (Respondent) K.F. LAU & CO. (a firm) 3rd Defendant _____________________ Court : Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Litton NPJ and Lord Hoffmann NPJ Dates of Hearing : 9 to 11 February 2009 Date of Judgment : 27 February 2009 J U D G M E N T Mr Justice Bokhary PJ : 1. I agree with the judgment of Lord Hoffmann NPJ. Mr Justice Chan PJ : 2. I agree with the judgment of Lord Hoffmann NPJ. Mr Justice Ribeiro PJ : 3. I agree with the judgment of Lord Hoffmann NPJ. - 3 - Mr Justice Litton NPJ : 4. On 1 June 2006, after trial, the judge ordered Danny Lau to pay to Peconic the sum of HK$350,534,416, leaving the question of interest and cost for later determination. He also gave judgment against the firms Albert K.K.
    [Show full text]
  • In the Court of Final Appeal of the Hong Kong Special Administrative Region
    FACV No. 5 of 2005 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 5 OF 2005 (CIVIL) (ON APPEAL FROM CACV NO. 43 OF 2004) _____________________ Between: TRIPOLE TRADING LIMITED 1st Defendant/Appellant ZHENG LIE LIE 2nd Defendant/Appellant DING PENG 4th Defendant/Appellant - and - PROSPERFIELD VENTURES LIMITED Plaintiff/Respondent _____________________ FACV No. 6 of 2005 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 6 OF 2005 (CIVIL) (ON APPEAL FROM CACV NO. 35 OF 2004) _____________________ Between: DING PENG 1st Defendant/Appellant ZHENG LIE LIE 2nd Defendant/Appellant CHINA PROJECTS LIMITED 5th Defendant/Appellant - and - PANCO INDUSTRIAL HOLDINGS LIMITED Plaintiff/Respondent _____________________ - 2 - Court: Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Litton NPJ and Lord Hoffmann NPJ Dates of Hearing: 7, 8 and 9 December 2005 Date of Judgment: 5 January 2006 J U D G M E N T Mr Justice Bokhary PJ and Mr Justice Chan PJ : 1. We would allow both appeals and make the orders proposed by Mr Justice Ribeiro PJ and Mr Justice Litton NPJ in their joint judgment, doing so for the reasons given in that joint judgment and in Lord Hoffmann NPJ’s judgment. Mr Justice Ribeiro PJ and Mr Justice Litton NPJ : Introduction 2. These two appeals (heard together) concern the equitable remedies that might properly flow from admitted breaches of fiduciary duties on the part of company directors. 3. There are two plaintiffs. One is Prosperfield Ventures Ltd (“Prosperfield”); the other is Panco Industrial Holdings Ltd (“Panco”).
    [Show full text]
  • Civil) (On Appeal from Cacv No
    FACV No. 11 of 2002 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 11 OF 2002 (CIVIL) (ON APPEAL FROM CACV NO. 186 OF 2002) _______________________ Between: MERCK SHARP & DOHME LIMITED Appellant - and - THE REGISTRAR OF PATENTS Respondent _______________________ Court: Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Silke NPJ and Lord Millett NPJ Date of Hearing: 25 November 2002 Date of Judgment: 5 December 2002 _______________________ J U D G M E N T _______________________ Mr Justice Bokhary PJ: 1. I agree with the judgment of Mr Justice Ribeiro PJ. Mr Justice Chan PJ: 2. I agree with the judgment of Mr Justice Ribeiro PJ. — 2 — Mr Justice Ribeiro PJ: 3. In this appeal, it falls to be considered whether certain sections of the Patents (General) Rules (“the Rules”) are ultra vires. The relevant provisions are those which lay down a one month time-limit for effecting registration of a court order for amendment of a patent made under s 46 of the Patents Ordinance, Cap 514 (“the Ordinance”) and which preclude the Registrar of Patents (“the Registrar”) from granting any extension of time for registration. They are s 39(1) and that part of s 100(2) of the Rules which refers to s 39(1) (together “the relevant rules”). The facts 4. A pharmaceutical patent, namely, European Patent Publication No. EP 0411 668 (“the European Patent”), was filed by the appellant, a United Kingdom company, at the European Patent Office on 3 August 1990.
    [Show full text]
  • The Politics of Constitutional Common Law in Hong Kong Under Chinese Sovereignty
    CORE Metadata, citation and similar papers at core.ac.uk Provided by UW Law Digital Commons (University of Washington) Washington International Law Journal Volume 25 Number 3 Asian Courts and the Constitutional Politics of the Twenty-First Century 6-1-2016 The Politics of Constitutional Common Law in Hong Kong under Chinese Sovereignty Eric C. Ip Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, and the Constitutional Law Commons Recommended Citation Eric C. Ip, The Politics of Constitutional Common Law in Hong Kong under Chinese Sovereignty, 25 Wash. L. Rev. 565 (2016). Available at: https://digitalcommons.law.uw.edu/wilj/vol25/iss3/6 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2016 Washington International Law Journal Association THE POLITICS OF CONSTITUTIONAL COMMON LAW IN HONG KONG UNDER CHINESE SOVEREIGNTY Eric C. Ip† Abstract: This article studies how the Hong Kong Court of Final Appeal has come to develop a sophisticated judicial gloss on the provisions of the Basic Law, Hong Kong’s constitutional document, in ways unforeseen by the Chinese National People’s Congress that enacted it. The ascendancy of constitutional common law in Hong Kong after the end of British rule is remarkable when considered in light of the continuing denial of democratic self-rule by China’s authoritarian Party-state.
    [Show full text]
  • FACV No. 15 of 2013 in the COURT of FINAL APPEAL of the HONG
    FACV No. 15 of 2013 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 15 OF 2013 (CIVIL) (ON APPEAL FROM CACV NO. 267 OF 2011) _______________________ Between : GHULAM RBANI Plaintiff (Appellant) and SECRETARY FOR JUSTICE for and on behalf of the Defendant DIRECTOR OF IMMIGRATION (Respondent) _______________________ Before: Chief Justice Ma, Mr Justice Ribeiro PJ, Mr Justice Tang PJ, Mr Justice Bokhary NPJ and Lord Walker of Gestingthorpe NPJ Date of Hearing: 25 February 2014 Date of Judgment: 13 March 2014 J U D G M E N T Chief Justice Ma: 1. I agree with the judgment of Mr Justice Ribeiro PJ. -2- Mr Justice Ribeiro PJ: 2. The appellant brought proceedings against the Director of Immigration for damages for false imprisonment claiming that he had been unlawfully detained purportedly under section 32 of the Immigration Ordinance (“IO”).1 His claim was dismissed by HH Judge Leung in the District Court2 and his appeal against that judgment was dismissed by the Court of Appeal.3 Leave to appeal to this Court was given by the Appeal Committee4 on the basis that a point of law of the requisite importance arises on the appeal, namely: “To what extent are the detention powers contained in section 32(2A) of the IO subject to an applicable principle of law barring arbitrary or unlawful detention?” A. The factual background 3. The appellant may be described as a serial over-stayer. He is a Pakistani national and first came to Hong Kong in 1992 using a passport bearing the name “Ghulam Rubbani” and stating his date of birth as 15 April 1971.
    [Show full text]
  • Democratic Republic of the Congo V. FG
    Judgment Summary FACV Nos 5, 6 & 7 of 2010 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NOS 5, 6 & 7 OF 2010 (CIVIL) (ON APPEAL FROM CACV NOS 373 OF 2008 AND 43 OF 2009) _____________________ Between: DEMOCRATIC REPUBLIC OF THE CONGO 1st Appellant CHINA RAILWAY GROUP (HONG KONG) LIMITED 2nd Appellant CHINA RAILWAY RESOURCES DEVELOPMENT 3rd Appellant LIMITED CHINA RAILWAY SINO-CONGO MINING LIMITED 4th Appellant CHINA RAILWAY GROUP LIMITED 5th Appellant SECRETARY FOR JUSTICE 6th Appellant - and - FG HEMISPHERE ASSOCIATES LLC Respondent _____________________ Coram : Mr Justice Bokhary PJ, Mr Justice Chan PJ Mr Justice Ribeiro PJ, Mr Justice Mortimer NPJ and Sir Anthony Mason NPJ Dates of Hearing : 21-25, 28 & 29 March 2011 Date of Judgment : 8 June 2011 - 2 - J U D G M E N T Mr Justice Bokhary PJ : 1. It has always been known that the day would come when the Court has to give a decision on judicial independence. That day has come. Judicial independence is not to be found in what the courts merely say. It is to be found in what the courts actually do. In other words, it is to be found in what the courts decide. My judgment continues under the following sub-headings :- Paras (1) Core question of law : absolute or restrictive immunity?......... 2 – 5 (2) Facts…………………………………………………………. 6 – 18 (3) Saw J’s ex parte order : enforcement, service and injunctions 19 – 20 (4) Discharged inter partes by Reyes J………………………….. 21 (5) Restored by Court of Appeal subject to a remitter ………….
    [Show full text]
  • Monthly Report HK
    September 2011 in Hong Kong 30.9.2011 / No 93 A condensed press review prepared by the Consulate General of Switzerland in HK Economy + Finance HK in big sell on yuan services: HK Monetary Authority chairman Norman Chan has tried to entice the City of London to co-operate in delivering yuan products and services to Europe. Chan made his appeal at an investment symposium attended by more than 1,700 companies in London. "We believe internationalisation of the yuan will proceed, and it will proceed very quickly. It does not matter whether you are a company or from a bank because there are lots of ways HK can help you to build and develop the off-shore yuan business." Chief Executive Donald Tsang also spoke, encouraging small and medium companies to use HK as a gateway to the mainland and Asia. James Sassoon, commercial secretary to the UK Treasury, said companies must "look East" to sail through the economic slowdown at home and in Europe. Jack So, chairman of the HK Trade Development Council, said the "gloom and doom" in Europe and the US had accelerated the shift of economic power. HK still freest economy, but ranking at risk: HK has again been named the freest economy in the world, but the city could be heading downhill from here on, a Canadian free-market think tank says. For the 33rd consecutive year the city has topped the ranking, but the minimum wage law, the competition law now under debate, and the city's increasing economic ties with the mainland may mean the best is in the past, the Fraser Institute said.
    [Show full text]
  • Secretary of Justice V Yau Yuk Lung Zigo (Court of Final Appeal)
    FACC No. 12 of 2006 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 12 OF 2006 (CRIMINAL) (ON APPEAL FROM HCMA NO. 107 OF 2006) _____________________ Between: SECRETARY FOR JUSTICE Appellant - and - YAU YUK LUNG ZIGO 1st Respondent LEE KAM CHUEN 2nd Respondent _____________________ Court: Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Sir Anthony Mason NPJ Dates of Hearing: 25 and 26 June 2007 Date of Judgment: 17 July 2007 ______________________ J U D G M E N T ______________________ Chief Justice Li: 1. Equality before the law is a fundamental human right (“the right to equality”). Equality is the antithesis of discrimination. The constitutional right to equality is in essence the right not to be discriminated against. It guarantees protection from discrimination. The right to equality is enshrined in numerous international human rights instruments and is widely embodied in the constitutions of jurisdictions around the world. It is constitutionally protected in Hong Kong. 1 2. Discriminatory law is unfair and violates the human dignity of those discriminated against. It is demeaning for them and generates ill-will and a sense of grievance on their part. It breeds tension and discord in society. 3. The question in this appeal is whether s.118F(1) of the Crimes Ordinance, Cap. 200 (“s. 118F(1)”), which criminalises homosexual buggery committed otherwise than in private, is unconstitutional on the ground that it is discriminatory and infringes the constitutional right to equality. The charges 4. The respondents were charged with having committed buggery with each other otherwise than in private, contrary to s.
    [Show full text]
  • Hong Kong Book Catalogue
    2021 Hong Kong July Book Catalogue ENCYCLOPAEDIC WORKS & LOOSELEAF SERVICES Law. In Sync. Title Index Encyclopaedic Works • Atkin's Court Forms Hong Kong • Halsbury's Laws of Hong Kong - Second Edition • The Annotated Ordinances of Hong Kong • The Hong Kong Encyclopaedia of Forms and Precedents Law Reports • Hong Kong Cases • Hong Kong Conveyancing and Property Reports • Hong Kong Family Law Reports • Hong Kong Public Law Reports Looseleafs • Banking Law: Hong Kong SAR and People's Republic of China • Butterworths Hong Kong Personal Injury Service • Criminal Evidence in Hong Kong • Criminal Procedure: Trial on Indictment • Emden's Construction Law Hong Kong • Encyclopaedia of Hong Kong Taxation • Hong Kong Civil Court Practice • Hong Kong Company Law: Legislation and Commentary • Hong Kong Conveyancing • Hong Kong Corporate Law • Hong Kong Employment Law Manual • Hong Kong Employment Ordinance: An Annotated Guide • Hotten and Ho on Family and Divorce Law in Hong Kong • Intellectual Property in Hong Kong • Securities Law: Hong Kong SAR and People's Republic of China • The Professional Conduct of Lawyers in Hong Kong LexisNexis® Hong Kong - Encyclopaedic Works & Looseleaf Services 2021 Atkin's Court Forms Hong Kong ISBN: Update frequency: 9789628105472 6 issues a year Format: Looseleaf set (10 binders); Lexis Advance® Hong Kong (Online) Scan me for details https://www.lexisnexis.com.hk/ACFHK An unrivalled collection of the main procedural documents required in every civil proceeding before the courts in Hong Kong. Your guide through all the essential stages of proceedings, from pre-action to post-judgment, providing a structured and reliable guide to help you plead with confidence. This essential practical encyclopaedia is the authoritative local version Titles Covered: of the UK encyclopaedic work, fully adapted to the needs of the Hong Kong practitioner.
    [Show full text]
  • FACV No 18, 19 & 20 of 2011 in the COURT of FINAL APPEAL of THE
    FACV No 18, 19 & 20 of 2011 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NOS 18, 19 & 20 OF 2011 (CIVIL) (ON APPEAL FROM CACV NOS 132, 134 & 136 OF 2008) _____________________ Between : C Appellant in FACV 18/2011 KMF Appellant in FACV 19/2011 BF Appellant in FACV 20/2011 – and – DIRECTOR OF IMMIGRATION 1st Respondent SECRETARY FOR SECURITY 2nd Respondent – and – UNITED NATIONS HIGH Intervener COMMISSIONER FOR REFUGEES ____________________ Court : Mr Justice Chan PJ, Mr Justice Ribeiro PJ, Mr Justice Tang PJ, Mr Justice Bokhary NPJ and Sir Anthony Mason NPJ Dates of Hearing : 5 – 7 March 2013 Date of Judgment : 25 March 2013 J U D G M E N T Mr Justice Chan PJ: - 2 - 1. I would, for the reasons given in the judgment of Mr Justice Tang PJ and the further reasons as explained in the judgment of Sir Anthony Mason NPJ, allow these appeals and make the order and directions as proposed by Mr Justice Tang in paragraphs 60 and 62. Mr Justice Ribeiro PJ: 2. I agree with the judgment of Sir Anthony Mason NPJ and, subject to that judgment, am also in broad agreement with the judgment of Mr Justice Tang PJ. Mr Justice Tang PJ: Introduction 3. The United Nations Convention Relating to the Status of Refugees (1951) as amended by the Protocol relating to the Status of Refugees (1967) (collectively, the “Convention”) impose important obligations on contracting state parties. Such obligations include an obligation to “facilitate the assimilation and naturalization of refugees” (Art 34)1.
    [Show full text]