Hong Kong's Court of Final Appeal: the Development of the Law in China’S Hong Kong Simon N

Cambridge University Press 978-1-107-01121-2 - Hong Kong's Court of Final Appeal: The Development of the Law in China’s Hong Kong Simon N. M. Young and Yash Ghai Frontmatter More information

HONG KONG’S COURT OF FINAL APPEAL

In the years since it was established on 1 July, 1997, Hong Kong’s Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian ﬁnal courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court’s history, operation and jurisprudence, and provide a comparative analysis with European courts and China’s other autonomous ﬁnal court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court’s decision-making processes and identify the relative impacts of the foreign and local judges.

simon n. m. young is a Professor at the Faculty of Law, The University of Hong Kong and was Director of the Centre for Comparative and Public Law from 2007 to 2013. yash ghai is an Emeritus Professor at the Faculty of Law, The University of Hong Kong, where in the past he has held the Sir Y. K. Pao Chair in Public Law.

© in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-1-107-01121-2 - Hong Kong's Court of Final Appeal: The Development of the Law in China’s Hong Kong Simon N. M. Young and Yash Ghai Frontmatter More information

HONG KONG’S COURT OF FINAL APPEAL

The Development of the Law in China’s Hong Kong

SIMONN.M.YOUNGANDYASHGHAI

University Printing House, Cambridge CB2 8BS, United Kingdom

Published in the United States of America by Cambridge University Press, New York Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning and research at the highest international levels of excellence.

www.cambridge.org Information on this title: www.cambridge.org/9781107011212 c Cambridge University Press 2014 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2014 Printed in the United Kingdom by Bell and Bain Ltd A catalogue record for this publication is available from the British Library Library of Congress Cataloguing in Publication data Hong Kong’s Court of Final Appeal : the development of the law in China’s Hong Kong / [edited by] Simon N. M. Young, Yash Ghai. pages cm Includes index. ISBN 978-1-107-01121-2 (hardback) 1. Hong Kong (China). Court of Final Appeal. 2. Appellate procedure – China – Hong Kong. 3. Judicial process – China – Hong Kong. 4. Courts of last resort – China – Hong Kong – History. 5.Courts–China–HongKong–History. 6.Law–China–HongKong– History. 7. Courts of last resort – China – Macau (Special Administrative Region) I. Young, Simon N. M. II. Ghai, Yash P., 1938– KNQ9335.2.H54H665 2014 347.5125035 – dc23 2013013119 ISBN 978-1-107-01121-2 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

CONTENTS

List of ﬁgures page viii List of tables ix List of contributors xi Tribute xiii Acknowledgements xviii Table of cases xx Table of leg islation xliii List of abbreviations liv

1 Themes and arguments 1 yash ghai

part i Final appeals: setting the context 31 2 Autonomy and the Court of Final Appeal: the constitutional framework 33 yash ghai 3 Two interpreters of the Basic Law: the Court of Final Appeal and the Standing Committee of the National People’s Congress 69 xiaonan yang 4 A worthy predecessor? The Privy Council on appeal from Hong Kong, 1853 to 1997 94 oliver jones

part ii The Hong Kong Court of Final Appeal 119 5 Genesis of Hong Kong’s Court of Final Appeal 121 simon n. m. young, antonio da roza, and yash ghai

vi contents 6 Final appeals then and now 145 simon n. m. young and antonio da roza 7 Jurisdiction and procedure 173 antonio da roza 8 A practitioner’s perspective 197 michael thomas 9 A human rights lawyer’s perspective 207 mark daly

part iii Judges and judging 223 10 Role of the Chief Justice 225 simon n. m. young, antonio da roza, and yash ghai 11 The judges 253 simon n. m. young and antonio da roza 12 Concurring and dissenting in the Hong Kong Court of Final Appeal 283 jill cottrell and yash ghai

part iv Jurisprudence of the court 325 13 The common law 327 sir anthony mason 14 The Basic Law jurisprudence of the Court of Final Appeal 352 albert h. y. chen and p. y. lo 15 Human rights 391 simon n. m. young 16 Administrative law 417 johannes chan 17 Criminal law 447 simon n. m. young 18 Commercial law 470 william waung

contents vii 19 Land law 492 malcolm merry 20 Tort law 524 rick glofcheski 21 Civil procedure 552 gary meggitt part v Perspectives from beyond Hong Kong 577 22 Impact of jurisprudence beyond Hong Kong 579 p. y. lo 23 Macau’s Court of Final Appeal 608 jorge godinho and paulo cardinal 24 Foreign judges: a European perspective 637 josef marko

Index 666

FIGURES

3.1 Constitutional review in the Hong Kong Special Administrative Region of the People’s Republic of China. page 74 6.1 Number of substantive cases by year for the Court of Final Appeal (CFA) versus the Privy Council (PC). 147 6.2 Number of leave applications by year for the Privy Council (PC) versus the Court of Final Appeal. 149 6.3 Number of days to render judgment by the Privy Council (PC) (for Hong Kong cases) from 1987–1997. 154 6.4 Number of days to render judgment by the Court of Final Appeal (CFA) from 1997–2007. 155 6.5 Number of days to render reasons in constitutional and administrative law cases in the Privy Council (PC) from 1987–1997. 167 6.6 Number of days to render reasons in constitutional and administrative law cases in the Court of Final Appeal (CFA) from 1997–2007. 168 6.7 Authorship of Court of Final Appeal majority judgments in constitutional and administrative law cases. 169 7.1 Appeals as of right and total civil leaves, 2001–2010. 175 7.2 Use of Chinese in Rule 7 proceedings, 2001–2010. 181 7.3 Types of civil appeals to the Court of Final Appeal, 2001–2010. 183 10.1 Judgments by Chief Justice (CJ) Li and cases heard by Li CJ and the Court of Final Appeal, 1998–2010. 228 23.1 Judicial organization of the Macau Special Administrative Region. 612

viii

TABLES

3.1 Economic comparison among Hong Kong (HK), the People’s Republic of China (PRC), Guandong (GD), and Shanghai (SH) page 92 6.1 Disposition of leave applications in the Court of Final Appeal, 1997–2007 151 6.2 Disposition of leave ﬁles in the Court of Final Appeal, 2001–2008 151 6.3 Disposition of leave applications in the Privy Council, 1987–1997 152 6.4 Waiting time from the issuance of notice to hearing by the Court of Final Appeal, 1997–2007 (in days) 153 6.5 Number of days of hearing before the Privy Council (for Hong Kong cases), 1987–1997 153 6.6 Number of days of hearing before the Court of Final Appeal, 1997–2007 154 6.7 Number of Hong Kong cases heard by the judges of the Privy Council 157 6.8 Number of cases heard by the judges of the Court of Final Appeal 159 6.9 Comparison of the proportion of cases with one judgment and two or more judgments 160 6.10 Number and proportion of substantive cases by subject, 1987–2007 164 7.1 Appeals as of right 178 11.1 Tenure of Court of Final Appeal judges, 1997–2010 258 11.2 Frequency of seating arrangements in the Court of Final Appeal, 1997–2010 259 11.3 Majority judgments by categories of Court of Final Appeal judges, 1997–2010 261 11.4 Appeals heard and judgments written by the Chief Justice and permanent judges, 1997–2010 262 11.5 Appeals heard and judgments written by overseas non-permanent judges, 1997–2010 266 11.6 Appeals heard and judgments written by local non-permanent judges, 1997–2010 268 12.1 Degree of dividedness in the Court of Final Appeal, 1997–2010 297 12.2 Concurring foreign non-permanent judges, 1997–2010 301

x list of tables

16.1 Number of applications for judicial review, 2001–2010 418 16.2 Success rate in obtaining leave, 2008–2009 419 16.3 Successful applications in 2008 420 23.1 Cases processed by the Tribunal de Ultima´ Instanciaˆ 614

CONTRIBUTORS

Paulo Cardinal, Chief Legal Adviser, Macau Legislative Assembly; Guest Lecturer, Faculty of Law, University of Macau

Johannes Chan SC (Hon), Professor and Dean, Faculty of Law, The University of Hong Kong

Albert H. Y. Chen SBS, JP, Chan Professor of Constitutional Law, Faculty of Law, The University of Hong Kong

Jill Cottrell, formerly Senior Lecturer, Faculty of Law, The University of Hong Kong

Antonio Da Roza, Research Assistant Professor, Faculty of Law, The University of Hong Kong; Barrister, New Chambers

Mark Daly, Partner, Daly & Associates, Hong Kong

Yash P. Ghai, Emeritus Professor, The University of Hong Kong

Rick Glofcheski, Professor, Faculty of Law, The University of Hong Kong; Editor, Hong Kong Law Journal

Jorge Godinho, Associate Professor, Faculty of Law, University of Macau

Oliver Jones, Barrister, Seven Wentworth, Chambers of D F Jackson AM QC, Sydney

P. Y. Lo, Barrister-at-law (England & Wales and Hong Kong); PhD, The University of Hong Kong

xii list of contributors Josef Marko, Professor and Dean, Faculty of Law, University of Graz, Austria; former international judge and Vice President of the Constitutional Court of Bosnia-Herzegovina;

Sir Anthony Mason AC, KBE, non-permanent judge, Court of Final Appeal, Hong Kong; Chief Justice of Australia, 1987 to 1995

Gary Meggitt, Assistant Professor, Faculty of Law, The University of Hong Kong; Barrister and Solicitor Advocate (England & Wales), ACII, MCIArb, CEDR Accredited Mediator

Malcolm Merry, Associate Professor and Head, Department of Professional Legal Education, Faculty of Law, The University of Hong Kong; Barrister, Hong Kong

Michael Thomas CMG, QC, SC, Temple Chambers, Hong Kong; Essex Court Chambers, London; Attorney-General of Hong Kong, 1983 to 1988

William Waung, formerly Justice of the Court of First Instance, High Court, Hong Kong

Nancy Xiaonan Yang, Lecturer, Law School, Dalian Maritime University

SimonN.M.Young,Professor, Faculty of Law, The University of Hong Kong; Director, Centre for Comparative and Public Law, 2007 to 2013

TRIBUTE TO THE HONOURABLE ANDREW LI KWOK NANG

xiii

xiv tribute to the honourable andrew li kwok nang The Hon Andrew Li Kwok Nang was born in Hong Kong on 12 December 1948. He received his education in Hong Kong at St. Paul’s Co-Educational Primary School and St. Paul’s Co-Educational College until the comple- tion of Form 3. He ﬁnished his secondary education in England and attended Cambridge University. He holds the degrees of Master of Arts and Master of Laws from that University. He was called to the English Bar in 1970 and the Hong Kong Bar in 1973. Mr Li was appointed as the Chief Justice of the Court of Final Appeal, Hong Kong Special Administrative Region on 1 July 1997. Before his appointment, Mr Li practised at the Hong Kong Bar. In 1988 he was appointed Queen’s Counsel. Mr Li has a long record of public service. He was a member of the Executive Council and Steward of the Hong Kong Jockey Club. He had served as Chairman of the University and Polytechnic Grants Committee and the Land Development Corporation. He had served as Vice Chairman of the Council of the HK University of Science and Technology, Deputy Chairman of the Board of Review of Inland Revenue and as member of the Law Reform Commission, the Securities Commission, the Standing Committee on Company Law Reform, the Banking Advisory Committee and Judicial Service Commission. He is Vice Chairman of the Council of St. Paul’s Co-Educational College. He is a trustee of the Friends of Tsinghua University Law School Charitable Trust and a Guest Professor of the Tsinghua University. He is Honorary Professor of Law at the University of Hong Kong, the Chinese University of Hong Kong, City University of Hong Kong, and Shue Yan University. Mr Li’s awards include Honorary Degrees awarded by the HK Univer- sity of Science & Technology (1993); the Baptist University (1994); the Open University of Hong Kong (1997); the University of Hong Kong (2001); the Grifﬁth University (2001); the University of New South Wales (2002), the University of Technology, Sydney (2005); the Chi- nese University of Hong Kong (2006); the Shue Yan University (2009); Lingnan University (2010); City University of Hong Kong (2010); and Oxford University (2013). He was made an Honorary Bencher of the Middle Temple in 1997 and an Honorary Fellow of Fitzwilliam College Cambridge in 1999. He was awarded the Grand Bauhinia Medal by the Hong Kong Government in 2008. Mr Li is married with two daughters.

tribute to the honourable andrew li kwok nang xv Secretary for Justice, Mr Wong Yan Lung, SC, 16 July 2010 Chief Justice, when your decision to take early retirement was announced last September, although everyone regretted your early departure from the bench, the applause for your outstanding achievement over your 13 years of tenure was in complete accord. You were praised by both the local and the overseas press. And the standing ovation after your speech at this year’s opening of the legal year was a moving testimony to the respect you command in this community. It has been said the role of ajudgeistobringabouttherealisationoftheruleoflaw.Asthefirst Chief Justice of the Hong Kong Special Administrative Region, you have shouldered the monumental task of bringing about the legal realisation of the innovative ‘one country, two systems’ principle. And 13 years on, the verdict is unanimous: The mission has been accomplished with resounding success. . . . The Chief Justice I know is more than a giant in the administration of justice, he is an exemplar of excellence with a soul. He is above all a man of compassion whose first concern is for the people of Hong Kong. In and out of this court room are individuals, among them members of the judiciary, legal practitioners in particular your pupils (with me included), also 11 batches of Bar Scholars, the staff of the CFA and judiciary, and many more whose hearts have been inspired by your example and whose lives have been touched by your generosity. That’s why many legal practitioners have been happy to give up a lucrative private practice in exchange for the one-way ticket to join the judiciary. They see at its pinnacle an inspiring figure who truly lives out what he preaches.

Russell Coleman SC, Chairman of the Hong Kong Bar Association, 16 July 2010 It is, of course, no secret that Hong Kong has beneﬁted enormously from the accident of timing that allowed the then Andrew Li QC to become the ﬁrst Chief Justice of Hong Kong in the new era following the resumption of Chinese sovereignty. If we did not know it then, we now know what an inspired appointment it was. It is not just those of us in the law who think that way. In February 2010, the Chief Justice achieved the highest score ever recorded in a University of Hong Kong public opinion poll. His approval ratings would be the envy of any President, Prime Minister, ChiefExecutive,orindeed–tobeclosertomyhome–anymemberof the Bar turned politician. . . . By my count, by 31 August 2010, the Chief

xvi tribute to the honourable andrew li kwok nang Justice will have been in post for 4,810 days. I wonder if it is simply a coincidence that the digits of that number, 4-8-1-0, add up to 13, the number of complete years of his tenure. . . . Justice is not fragile in Hong Kong, but it requires constant vigilance; such vigilance is the duty of all those in the legal profession, but perhaps particularly the duty of the judiciary and its head, the Chief Justice. As was once said by another Chief Justice: ‘Justice is like oxygen: there is no reason to notice it if you have it in abundance. However, as you constrict the ﬂow, it becomes more and more important until the point is reached where nothing else matters at all.’ Under the Chief Justice’s tenure, we have breathed rather easily.

Huen Wong, President of the Law Society of Hong Kong, August 2010 It was my honour and privilege to have the opportunity to attend and say a few words as President of the Law Society at the farewell sitting for Chief Justice Andrew Li on 16 July. The occasion was a testimony to the high regard in which the retiring Chief Justice is held. Over 100 guests gathered at the courtroom of the Court of Final Appeal to bid farewell to him. It was a moving occasion that, I am sure, will remain as one of the most memorable court sittings in the history of the Judiciary. Chief Justice Li took over the reins of the judiciary in an era of uncertainty when the unprecedented constitutional concept of ‘one country, two systems’ was implemented in Hong Kong. The judiciary plays a critical role in the building up of public conﬁdence in this innovative concept. As stated in its mission statement, the judiciary is: ‘To maintain an independent and competent judicial system which upholds the rule of law, safeguards the rights and freedoms of the individual, and commands conﬁdence within and outside Hong Kong.’ Throughout his tenure, Chief Justice Li has advanced the mission of the judiciary faithfully and fearlessly. The huge turnout at his farewell sitting and the recognition of his achievements both by the legal and judicial circles and the general public is proof beyond reasonable doubt of the high regard in which Chief Justice Li is held and that his mission has been accomplished.

The Honourable Dr Margaret Ng, Legislative Council, 9 June 2010 Deputy President, this is the ﬁrst occasion for the elected legislature of the HKSAR to endorse the appointment of a Chief Justice. I would like to take this opportunity to pay tribute to Mr. Andrew Li, the outgoing Chief

tribute to the honourable andrew li kwok nang xvii Justice. He has served in that office for the most crucial first 13 years of the Hong Kong Court of Final Appeal with distinction, and our record will not be complete without acknowledgement. By upholding fundamental rights and freedoms in his judgments right from the beginning, when the world wondered if ‘two systems’ can prevail under ‘one country’,he has boosted confidence in the rule of law in Hong Kong and made an essential contribution to Hong Kong stability. He has taken as his chief mission to build up a court of final appeal of stature and prestige. Among our non-permanent judges from overseas jurisdictions are former Chief Justices of Australia, a Lord Chief Justice of England and Wales, several Law Lords, former judges of the Supreme Court of New Zealand – judges who are household names to serious practitioners of the law. He has persuaded an unprecedented number of the best and brightest of Hong Kong’s legal practitioners to abandon their lucrative practice to join the bench. He has established regular and fruitful exchanges with the judiciary on the Mainland and overseas. But above all, he has kept in touch with the sentiments of the ordinary men and women of our community and taken every appropriate occasion to address their concerns. As Chief Justice, he will leave an indelible mark in the annals of the history of the HKSAR.

ACKNOWLEDGEMENTS

Our project on Hong Kong’s Court of Final Appeal (CFA) began in 2007, after we succeeded in obtaining a research grant from the Research Grants Council (RGC) of the Hong Kong Special Administrative Region (HKSAR) (Project No. HKU 7467/06H). Originally, we were to study the first decade of the CFA, but when the Chief Justice unexpectedly announced in September 2009 his retirement at the end of August 2010, we decided to extend the time frame to cover the CFA’s first 13 years to coincide with the term of office of its first Chief Justice. The initial research results were disseminated at a public conference organised by the Centre for Comparative and Public Law, held at the University of Hong Kong (HKU) on 5–6 March 2010. All the contributors to this volume and Kevin Zervos SC (now Justice Zervos of the High Court) presented papers at the conference, which was attended by the Chief Justice, the three permanent judges of the CFA, and non-permanent judges Lord Hoffmann and Justice Litton. The event was a success and increased public awareness of the CFA and its impact. We begin by thanking the RGC for funding the project. We thank all of the contributors, especially our two keynote speakers, Sir Anthony Mason NPJ and Professor Josef Marko, all the Hong Kong judges who attended the conference, the Dean of the HKU Faculty of Law (Johannes Chan) and our colleagues in the Faculty who worked tirelessly to organise the event: Flora Leung, Sharron Fast, Raymond Lam, Eddie Leung and Jessica Cheng. Weare also indebted to the many researchers who have contributed to our study. They include senior researchers Antonio Da Roza (who contributed enormously) and Kate Egan, and student researchers Bryan Chan, Ernest Ng, Ruby Ho, Chris Chan, Ivy Chen and Gary Lam. We also thank the many people who took an interest in our project and provided us with valuable information: District Judge Simon Kwang in the CFA Registry, Annie Tang, Kevin Zervos SC, Gerard McCoy SC, Clive Grossman SC, Michael Blanchflower SC, Matthew Groves, Mohammed xviii

acknowledgements xix Talib and our many HKU colleagues and students who took an interest. We thank those who allowed us to reproduce their tribute to the former Chief Justice, and we acknowledge the HKSAR Government’s copyright in the tribute from the former Secretary for Justice. We also thank Finola O’Sullivan (and her colleagues at Cambridge University Press) for her support and constant encouragement, Jill Cottrell for her editorial assistance right up until publication, and the current Chief Justice, Geoffrey Ma, and his colleagues in the judiciary for their continuous support. AboveallwearemostgratefulforallofChiefJusticeAndrewLi’s assistance.

TABLE OF CASES

A v. Boulton [2004] FCAFC 101, 601 A Solicitor v. Law Society of Hong Kong (2003) 6 HKCFAR 570, 96, 150, 173, 370, 409, 424 A Solicitor v. Law Society of Hong Kong (2008) 11 HKCFAR 117, 159, 196, 307, 337, 380, 430, 562, 582, 605 A (Torture Claimant) v. Director of Immigration [2008] 4 HKLRD 752, 403 Abbott v. Attorney-General (Trinidad and Tobago) [1979] 1 WLR 1342, 107 Aberdeen Winner Investment Co. Ltd v. Incorporated Owners of Albert House [2004] 3 HKLRD 910, 538 Abraham Mansoor (t/a Town House Furnishing) v. Grenville Radio Ltd Suit No ANUHCA/2004/0408 (12 October 2007), 585 Ac. TSI 11 April 2002, pr. 1284/2002, 619 Ac. TSI 4 December 2003, pr. 221/2003, 627 Ac. TSI, 26, February 2004, pr. 166/2003, 619 Ac. TSI 1 April 2004, pr. 301/2003, 627 Ac. TSI 24 November 2005, pr. 106/2004, 620 Ac. TSI 15 July 2010, pr. 485/2010, 632 Ac. TUI 2 February 2000, pr. 4/2000, 621 Ac. TUI 16 February 2000, pr. 1/2000, 621, 622 Ac. TUI 23 February 2000, pr. 2/2000, 621 Ac. TUI 29 March 2000, pr. 8/2000, 621 Ac. TUI 15 October 2003, pr. 26/2003, 619 Ac. TUI 2 June 2004, pr. 2/2004, 627 Ac. TUI 25 October 2006, proc. 9/2006, 620, 624 Ac. TUI pr. 43/2006, 632 Ac. TUI 20 March 2007, pr. 12/2007, 633 Ac. TUI 6 July 2007, pr. 14/2005, 619 Ac. TUI 18 July 2007, pr. 28/2006, 623, 633 Ac. TUI 12 Dec 2007, pr. 36/2007, 628 Ac. TUI 30 Jan 2008, pr. 36/2007 (Ao Man Long), 616, 619, 627, 628, 630, 634 Ac. TUI 12 February 2008, pr. 3/2008, 633, 634 Ac. TUI 30 April 2008, proc. 8/2007, 624 Ac. TUI 14 May 2008, proc. 21/2007, 623, 625 xx

table of cases xxi

Ac. TUI 22 April 2009, pr. 53/2008 (Ao Man Long), 627 Ac. TUI, 29 April 2010, pr. 16/2010, 619 Ac. TUI 4 May 2010, pr. 21/2010, 619 Ac. TUI 10 May 2010, pr 14/2010, 617 Ac. TUI 12 May 2010, pr. 5/2010, 625 Adhiguna Meranti [1988] 1 Lloyd’s Rep 384 (CA), 98, 160 Admiral Taverns (Cygnet) Ltd v. Daniel [2009] 1 WLR 2192, 206 AG’s Reference (No 3 of 2003) [2005] QB 73, 585, 586 A-G of St Christopher, Nevis and Anguilla v. Reynolds [1980] AC 637, 340 A-G v. Mulholland [1963] 2 QB 477, 563 Ah Chong v. Legislative Assembly of Western Samoa [2001] NZAR 418, 606 Ahamath v. Sariffa Umma [1931] AC 799, 192 Akai Holdings v. Ernst and Young (2009) 12 HKCFAR 649, 301, 415, 565, 566 Aktieselskabet Dansk Skibsﬁnansiering v. Brothers (2000) 3 HKCFAR 70, 561, 594 Aktieselskabet Dansk Skibsﬁnansiering v. Wheelock Marden & Co. Ltd [1994] 2HKC 264, 559 Alexiou v. Campbell [2007] UKPC 11, 109 Aloe Vera of America Inc v. Asianic Food (S) Pte Ltd [2006] 3 SLR 174, 594 AM v. Western Australia [2008] WASCA 196, 604 Anderson Asphalt Ltd. v. The Secretary for Justice, unreported, FACV19/2008, 19 November 2008, CFA, 298 Anisminic Ltd v. Foreign Compensation Commission [1969] 2 AC 147, 424 Anns v. Merton London Borough Council [1978] AC 728, 544, 550 Antaios Compania Naviera SA v. Salen Rederierna AB (The Antaios) [1983] 1WLR 1362, 341 Antaios Compania Naviera SA v. Salen Rederierna AB (The Antaios) [1985] AC 191, 341 AP 696/04, 658 AP 953/05, 657 AP 1603/05, 651 Asia Television Ltd v. Television Broadcasts Ltd [1988] UKPC 12, 98 Associated Newspapers Limited v. Burstein [2007] 4 All ER 319, 296 Attorney-General (Cth) v. The Queen (Boilermakers’ Case) [1957] AC 288, 342 Attorney-General (HK) v. Lee Kwong Kut [1993] AC 951, 106, 107, 603 Attorney-General (HK) v. Reid [1994] 1 AC 324, 97, 160 Attorney-General (Jersey) v. Holley [2005] 2 AC 580, 98 Attorney-General (Ont.) v. Attorney-General (Canada) [1947] AC 127, 101 Attorney-General (Quebec) v. Queen Insurance Co (1878) LR 3 App Cas 1090, 104 Attorney General for Alberta v. Attorney General for Canada [1947] AC 503, 378 Attorney General of Hong Kong v. Wong Muk Ping [1987] AC 501, 603 Attorney-General of St Christopher and Nevis v. Rodionov [2004] 1 WLR 2796, 95 Attorney-General v. BBC [1981] AC 303 (HL), 410 Attorney General v. Cheng Yick Chi [1983] UKPC 19 (21 June 1983), 192

xxii table of cases

Attorney-General v. Wai Bun [1994] 1 AC 1, 110 Aubeeluck v. Mauritius [2010] UKPC 13, 109 Australian Consolidated Press Ltd v. Uren [1969] 1 AC 590, 97, 339 B v. Chief Constable of Avon and Somerset Constabulary [2001] 1 WLR 340, 431 B v. The Commissioner of the Independent Commision Against Corruption (2010) 13 HKCFAR 1, 404, 453 Badry v. Director of Public Prosecutions [1983] 2 AC 297, 110 Baker v. R [1975] AC 774, 97 Bank of China (Hong Kong) Ltd v. Fung Chin Kan (2002) 5 HKCFAR 515, 301, 302, 471, 484 Bank of East Asia Ltd v. Tsien Wui Marble Factory (1999) 2 HKCFAR 349, 160, 162, 202, 267, 309, 314, 544, 545, 555, 582 Barclays Mercantile Business Finance Ltd v. HM Inspector of Taxes [2003] STC 66, 596 Barclays Mercantile Business Finance Ltd v. Mawson [2005] 1 AC 684, 597 Baxter v. Commissioner of Taxation (NSW) (1907) 4 CLR 1087, 105 Bazley v. Curry [1999] 2 SCR 534, 536 B+BConstructionLtdv. Sun Alliance and London Insurance plc (2000) 3 HKCFAR 503, 176 B&B v. Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 604, 600 Bell v. DPP [1985] AC 937, 97 Ben Nevis Forestry Ventures Ltd v. CIR [2008] NZSC 15, 597 Beri´c v. Bosnia and Herzegovina (2008) 46 EHRR SE6, 658 Bewise Motors Co. Ltd v. Hoi Kong Container Services Ltd (1997–1998) 1 HKCFAR 256, 162, 308, 310, 311, 323, 471, 476, 477, 604 Bill Chao Keh Lung v. Don Xia (2004) 7 HKCFAR 260 (CFAAC), 175 Board of Education v. Barnette 319 US 624, 602 Bolam v. Friern Hospital Management Committee [1957] 2 All ER 118, 534 Boyce v. R [2005] 1 AC 400, 108 Boys v. Chaplin [1971] AC 356, 98 BP Reﬁnery (Westernport) Pty Ltd v. President etc of the Shire of Hastings (1978) 52 ALJR 20, 518 Bradshaw v. Attorney-General (Barbados) [1995] 1 WLR 936, 108 Branson v. Bower [2002] QB 737, 543, 583 Brian Alfred Hall v. HKSAR (2009) 12 HKCFAR 562, 457 Briginshaw v. Briginshaw [1938] 60 CLR 336, 340 British Coal Corp. v. R [1935] AC 500, 95, 101 Broome v. Cassell & Co. Ltd [1972] AC 1027, 291 Brown v. Board of Education 347 U.S. 483 (1954), 294 Bryan v. Maloney (1995) 128 ALR 163, 545 Building Authority v. Appeal Tribunal (Buildings) [2010] 3 HKC 368, 508 Buxoo v. R [1988] 1 WLR 820, 110

table of cases xxiii

C v. Director of Immigration [2011] 5 HKC 118 (CA), 94, 211 C v. Director of Immigration [2008] 2 HKC 165 (CFI), 211 Cable & Wireless plc v. IBM United Kingdom Ltd [2002] 2 All ER 1041, 570 Cai Zong Gang v. HKSAR (2009) 12 HKCFAR 494, 457 Callachand v. Mauritius [2008] UKPC 49, 109 Campbell v. BackOffice Investments Pty Ltd [2008] NSWCA 95, 595 Campbell v. Hamlet [2005] 3 All ER 1116, 339 Campbell v. MGN Ltd [2004] 2 AC 457, 335, 528 Campbell v. R [2010] UKPC 26, 96 Campbells Cash & Carry Pty. Ltd v. Fostif Pty. Ltd (2006) 229 CLR 386, 344 Candler v. Crane, Christmas & Co [1951] 2 KB 164, 290 Cannane v. J. Cannane Pty. Ltd (1998) 192 CLR 557, 347 Carewins Development (China) Ltd v. Bright Fortune Shipping Ltd (2009) 12 HKCFAR 185, 471, 478, 479 Carl Zeiss Stiftung v. Rayner & Keeler Ltd (No. 2) [1967] AC 853, 301 Cathay Pacific Airways Flight Attendants Union v. Director General of Civil Aviation [2007] 2 HKC 393, 445 Cathay Pacific Airways Ltd v. Wong Sau Lai (2006) 9 HKCFAR 45, 184 Cathay Pacific Airways Limited v. Wong Sau Lai (2006) 9 HKCFAR 371, 530 Celestial Finance Ltd. v. Yu Man Hon (2004) 7 HKCFAR 450, 471, 482 CH v. Director of Immigration [2011] 3 HKLRD 101 (CA), 403 Chan Chi Hung v. R [1996] AC 442, 106 Chan Chuen Ho v. HKSAR (1999) 2 HKCFAR 198, 457 Chan Ka Man v. Commissioner of Correctional Services, HCAL 111/2009, 427 Chan Kam Chuen v. Tsuen Wan Adventist Hospital, unreported, FAMV23/1998, 25 February 1999, CFAAC, 185 Chan Kam Nga v. Director of Immigration (1999) 2 HKCFAR 82, 79, 217, 353, 356, 357, 383, 395, 396, 398, 444, 598 Chan Kar Leung v. HKSAR (2006) 9 HKCFAR 827, 298, 457 Chan Kau v. R [1955] AC 206, 110 Chan Pun Chung v. HKSAR (2000) 3 HKCFAR 392, 304, 465 Chan Sik Pan v. Wylam’s Services Ltd (2001) 4 HKCFAR 308, 533, 547, 550 Chan Siu Ming v. Kwok Chung Motor Car Limited [2008] 1 HKCLRT 13, 530 Chan Sze Ting v. HKSAR (1997–98) 1 HKCFAR 46, 465 Chan Tak Ming v. HKSAR (2010) 13 HKCFAR 745, 467, 586, 587 Chan Tin Shi v. Li Tin Sung (2006) 9 HKCFAR 29, 389 Chan Wai Tong v. Li Ping Sum [1985] HKLR 156, 527 Chan Wai Yip Albert v. Secretary for Justice (HCAL 36/2005), 363 Chan Wei Keung v. R [1967] 2 AC 160, 110 Chan Yu Nam v. Secretary for Justice [2010] 1 HKC 493, 387 Chartbrook Ltd v. Persimmon Homes Ltd [2009] 1 AC 1101, 587 Chau Cheuk Yiu v. Poon Kit Sang, HCMP 121/2010, 427

xxiv table of cases

Chau Lin Su-E v. HKSAR (2004) 7 HKCFAR 265, 298, 460 Channel Seven Adelaide Pty Ltd v. Manock [2007] HCA 60, 414, 543, 584 Chen Li Hung v. Ting Lei Miao (2000) 3 HKCFAR 9, 301, 591, 592, 593 Cheng v. Tse Wai Chun (2000) 3 HKCFAR 339, 14, 22, 296, 313, 314, 334, 344, 414, 542, 543, 549, 568, 581, 583, 584, 603, 605 Cheng Kar Shun v. Hon. Li Fung Ying [2009] 4 HKC 204, 199, 387 Cheng Kin Ping v. Woo Cho Wing John and Cheung Ming Wo (Third Party) (2000) 3 HKCFAR 333, 547 Cheng Lai Kwan v. Nan Fung Textiles Ltd (1997–1998) 1 HKCFAR 204 (CFAAC), 176 Cheng Wui Yiu v. HKSAR, unreported, CACC532/2004, 21 Dec 2007, 462 Cheng Yuen v. Royal Hong Kong Golf Club [1997] HKLRD 1132, 527 Chester v. Afshar [2005] 1 AC 134, 535 Cheung Tak Wing v. Legislative Council, unreported, 26 May 2010, CACV 61/2010, 387 Chew Eu Hock Construction Co Pte Ltd (under judicial management) v. Central Provident Fund Board [2003] 4 SLR 137, 595 Chi Kit Co. Ltd v. Lucky Health International Enterprise Ltd (2000) 3 HKCFAR 268, 507, 512, 513 Chi Kit Co. Ltd v. Lucky Health International Enterprise Ltd [1998] 4 HKC 656, 513 Chi Kit Co. Ltd v. Lucky Health International Enterprise Ltd [1999] 4 HKC 21, 513 Chief Constable of The Hertfordshire Police v. Van Colle [2009] 1 AC 225, 336 Chim Hon Man v. HKSAR (1999) 2 HKCFAR 145, 449, 450 Chim Pui-chung v. HKSAR [1999] HKLRD 836, 188 China Everbright Finance Ltd v. Chan Yung, unreported, 24 October 2006, HCA 18300/1999, 483 China Everbright-IHD Paciﬁc Ltd. v. Ch’ng Poh (2002) 5 HKCFAR 630, 343 China Field Ltd v. Appeal Tribunal (Buildings)(No 1) (2009) 12 HKCFAR 68, 174, 176 China Field Ltd v. Appeal Tribunal Buildings (No 2) (2009) 12 HKCFAR 342, 98, 264, 337, 495, 496, 508, 572, 582 Chinachem Charitable Foundation Ltd v. Chan Chun Chuen, unreported, FAMV20/2011, 28 October 2011, CFAAC, 178 Ching Kwok Yin v. HKSAR (2000) 3 HKCFAR 387, 457 Chit Fai Motors Co. Ltd v. Commissioner for Transport [2004] 1 HKC 465, 422 Chiu Kin Ho v. Commissioner of Police, unreported, HCAL 135/2004, 427 Choi Man Wai v. HKSAR, unreported, FAMC23/2001, 28 September 2001, 179 Chong Ching Yuen v. HKSAR (2004) 7 HKCFAR 126, 304, 457 Chou Shih Bin v. HKSAR (2005) 8 HKCFAR 70, 462 Chow Shun Yung v. Wei Pih (2003) 6 HKCFAR 299, 151, 179 Chow Tai Fook Jewellery Co. Ltd v. Wong Shun, unreported, 31 December 2004 HCA 22168/1998, 483 Christian v. R [2007] 2 AC 400, 100 Chu Hoi Dick v. Secretary for Home Affairs [2007] HKEC 1640, 422 Chung Chi Cheung v. R [1939] AC 160, 94, 110 Chung Ping Kwan v. Lam Island Development Co. Ltd [1997] AC 38, 495

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CIC Insurance Ltd v. Bankstown Football Club Ltd (1997) 187 CLR 384, 329 Clarence Chan Kang Chau v. Commissioner of Police, HCMP 2824/2004, 427 Clarence Chan Kang Chau v. Commissioner of Police (2010) 13 HKCFAR 462, 427 Coco v. AN Clark (Engineers) Ltd [1968] FSR 415, 565 Coco v. The Queen (1994) 179 CLR 427, 331 Cole v. Whitﬁeld (1988) 165 CLR 360, 333 Collector of Stamp Revenue v. Arrowtown Assets Ltd (2003) 6 HKCFAR 517, 581, 597 Commissioner for Inland Revenue v. Cosmotron Manufacturing Co Ltd [1997] 1WLR 1288, 94, 98 Commissioner of Inland Revenue v. HIT Finance Limited, unreported, FACV8/2007, 19 May 2008, 193 Commissioner of Inland Revenue v. HIT Finance Ltd (2007) 10 HKCFAR 717, 571 Commissioner of Inland Revenue v. Secan Ltd (2000) 3 HKCFAR 411, 597, 598 Commissioner for Railways (NSW) v. Agalianos (1955) 92 CLR 390, 329 Commissioner of Rating & Valuation v. Agrila Ltd (2001) 4 HKCFAR 83, 331, 372 Common Luck Investment Ltd v. Cheung Kam Chuen (1999) 2 HKCFAR 229, 604 Council of Civil Service Unions v. Minister for the Civil Service [1985] 1 AC 374, 317, 417 CSAV Group (Hong Kong) Ltd v. Jamshed Safdar (2007) 10 HKCFAR 629, 185 DAS v. Victorian Human Rights & Equal Opportunity Commission [2009] VSC 381, 600, 602 David Morter v. HKSAR (2004) 7 HKCFAR 53, 405 Davis v. Johnson [1979] AC 264, 340 Day v. Cook [2001] EWCA Civ 592, 596 De Freitas v. Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing [1999] 1 AC 69, 436 de Lasala v. de Lasala [1980] AC 546, 98, 337 De Margon v. Director-General of Social Welfare [1998] AC 275, 101 Deacons (a firm) v. White & Case LLP (2003) 6 HKCFAR 322, 184 Democratic Republic of the Congo v. FG Hemisphere Associates LLC (2011) 14 HKCFAR 95; [2011] 4 HKC 151, 15, 29, 48, 64, 66, 81, 94, 135, 142, 170, 195, 202, 321, 364, 384, 389, 391, 582 Democratic Republic of the Congo v. FG Hemisphere Associates LLC (2011) 14 HKCFAR 395; [2011] 5 HKC 395, 15, 29, 48, 64, 66, 81, 94, 135, 142, 170, 195, 202, 321, 364, 384, 389, 391, 582 Desmond Yiu Chown Leung v. Chow Wai Lam William (2005) 8 HKCFAR 592, 544 Director of Immigration v. ChongFungYuen(2001) 4 HKCFAR 211, 209, 298, 332, 333, 357, 360, 361, 362, 384, 385, 397, 398, 410, 598 Director of Immigration v. Lau Fong (2004) 7 HKCFAR 56, 368, 386, 399, 400 Director of Lands v. Yin Shuen Enterprises Ltd (2003) 6 HKCFAR 1, 332, 389, 413, 519, 521 DLA Piper Hong Kong v. China Property Development Holdings Ltd (2010) 13 HKCFAR 14, 205 Donald Koo Hoi Yan v. Kao Lee & Yip (2009) 12 HKCFAR 904, 573

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Donoghue v. Stevenson [1932] AC 562, 528, 552 Dow Jones Publishing Co v. Attorney-General of Singapore [1989] 1 WLR 1308, 101, 117 DPP v. Newbury [1977] AC 500, 343 DPP v. Smith [1961] AC 290, 285 Dr Abdul Hamid Abdul Rashid v. Jurusan Malaysia Consultants [1998] 14 PN 115, 545 Dr Mu Lie Lian v. Medical Council of Hong Kong [1995] 1 HKLR 29, 429 Dragon House Investment Ltd v. Secretary for Transport (2005) 8 HKCFAR 668, 521

Easson v. London & North Eastern Railway Co [1944] KB 421, 532 Eastern Express Publisher Ltd. v. Mo Man Ching (1999) 2 HKCFAR 264, 302, 307, 335, 542, 543 Edward Wong Finance Co. Ltd v. Johnson Stokes & Master [1984] AC 296, 524, 527 Edwards v. Canada [1930] AC 124, 104 Edwards v. Senituli [2009] TOSC 2, 585 Elpe International (Far East) Ltd v. Hewlett Packard Hong Kong Ltd [1993] HKLY 467, 572 Elwardo Lynch v. Ralph Gonsalves, unreported, Civ App 18/2005, 18 September 2006, 585 Emperor Finance Ltd v. La Belle Fashions Ltd (2003) 6 HKCFAR 402, 471, 481, 482 Eskelinen v. Finland (2007) 45 EHRR 43, 365 Evpo Agnic [1988] 1 WLR 1090, 478 Ewan Quayle Launder v. HKSAR (2001) 4 HKCFAR 457, 449

Fateh Muhammad v. Commissioner of Registration (2001) 4 HKCFAR 278, 361, 398 FB v. Director of Immigration [2009] 2 HKLRD 346, 403 FG Hemisphere Associates LLC v. Democratic Republic of Congo [2010] 2 HKLRD 66, 30, 94 FG Hemisphere Associates LLC v. Democratic Republic of Congo [2009] 1 HKLRD 410, 30 Financial Secretary v. Felix Wong (2003) 6 HKCFAR 476, 305 Fine Tower Associates Ltd v. Town Planning Board, unreported, 8 September 2008, FAMV 20/2008, 389 Flywin Co. Ltd. v. Strong & Associates Ltd (2002) 5 HKCFAR 356, 193, 514 Fok Chun Wa v. Hospital Authority [2011] 1 HKLRD A1, 440 Fok Chun Wa v. Hospital Authority, unreported, HCAL94/2007, 17 December 2008, CFI, 362 Fok Chun Wa v. Hospital Authority, unreported, 10 May 2010, CACV 30/2009, 362 Fok Lai Ying v. Governor in Council [1997] HKLRD 810, 107, 455 Foss v. Harbottle (1843) 2 Hare 461, 488 Frank Yu Yu Kai v. Chan Chi Keung (2009) 12 HKCFAR 705, 303, 309, 532, 535, 548 Freeman v. Pope (1870) 5 Ch.App. 538, 346 Fu Kor Kuen Patrick v. HKSAR, unreported, FACC4/2011, 24 May 2012, 452 Gamlestaden Fastigheter AB v. Baltic Partners Ltd [2007] 4 All ER 164, 587, 595 Geelong Harbour Trust Commissioners v. Gibbs Bright & Co. (1974) 129 CLR 576, 339

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Geelong Harbour Trust Commissioners v. Gibbs Bright & Co Ltd [1974] AC 810, 97 George Yau v. Director of Social Welfare [2011] 1 HKLRD A2, 440 Ghaidan v. Godin-Mendoza [2004] 2 AC 557, 349 Gibson v. United States [2007] 1 WLR 2367, 108 Giles v. Rhind [2003] Ch 618, 346, 596 Glenharrow Holdings Ltd v. Commissioner of Inland Revenue [2008] NZSC 116, 597 Global Time Investments Ltd v. Super Keen Investments Ltd (2000) 3 HKCFAR 440, 517 Golden Eagle International (Group) Ltd v. GR Investment Holdings Ltd [2010] 3HKLRD 273, 571 Gough v. Chief Constable of Derbyshire Constabulary [2002] QB 1213, 431 Green Park Properties Ltd v. Dorku Ltd (2001) 4 HKCFAR 448, 517 Grepe v. Loam order [1887] Ch 168, 569 Guerra v. Baptiste [1996] 1 AC 397, 108 Gurung Kesh Bahadur v. Director of Immigration (2002) 5 HKCFAR 480, 365, 368, 369, 386, 399 Habib Ahmed v. HKSAR (2010) 13 HKCFAR 449, 194 Habib Ahmed v. HKSAR (2010) 13 HKCFAR 305, 194 Handyside v. United Kingdom (1980) 1 EHRR 737, 436 Harding v. Wealands [2006] 3 WLR 83, 556 Hart v. O’Connor [1985] AC 1000, 97 Hebei Import & Export Corp. v. Polytek Engineering Co. Ltd (1999) 2 HKCFAR 111, 471, 479, 594 Hedley Byrne v. Heller [1964] AC 465, 290 Heilbut, Symons v. Buckleton [1913] AC 30, 484 Helton v. Allen (1940) 63 CLR 691, 340 Henﬁeld & Farrington v. Minister of Public Safety [1997] AC 413, 108 Herald & Weekly Times Ltd v. Popovic [2003] VSCA 161, 584 Hin Lin Yee v. HKSAR (2010) 13 HKCFAR 142, 314, 315, 448, 449, 456 Hitachi Plant Engineering & Construction Co. Ltd v. Eltraco International Pte Ltd [2003] 4 SLR 384, 595 Hip Hing Timber Co. Ltd v. Tang Man Kit (2004) 7 HKCFAR 212, 587 HKSAR v. Chan Wai Yip (2010) 13 HKCFAR 842, 454 HKSAR v. Cheung Kwun Lin (2009) 12 HKCFAR 568, 329, 332 HKSAR v. Hau Kin (2005) HKCFAR 63, 191, 449 HKSAR v. Hung Chan Wa (2006) 9 HKCFAR 614, 304, 343, 377, 379, 380, 385, 387, 407, 408, 428, 449, 452, 664 HKSAR v. Kevin Egan (2010) 13 HKCFAR 314, 448 HKSAR v. Lam Kwong Wai (2006) 9 HKCFAR 574, 329, 347, 371, 377, 379, 387, 407, 449, 600, 601, 664 HKSAR v. Lam Pui Shan, unreported, FACC8/1999, 27 March 2000, CFA, 298, 460 HKSAR v. Lee Fuk Hing (2004) 7 HKCFAR 600, 160, 347, 457 HKSAR v. Lee Ming Tee (2001) 4 HKCFAR 133, 403, 404, 449, 462, 464, 601, 602

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HKSAR v. Lee Ming Tee (2003) 6 HKCFAR 336, 403, 449, 464 HKSAR v. Ma Wai Kwan David [1997] HKLRD 761, 44, 354, 358 HKSAR v. Ma Wai Kwan David [1997] 2 HKC 315, 44, 354, 358 HKSAR v. Ng Kung Siu (1999) 2 HKCFAR 442, 171, 214, 303, 305, 323, 358, 359, 367, 385, 406, 449, 458, 602 HKSAR v. Ng Po On (2008) 11 HKCFAR 91, 379, 407, 452 HKSAR v. Shortall, unreported, HCMA801/2009, 2 June 2010, 462 HKSAR v. Tin’s Label Factory Limited (2008) 11 HKCFAR 637, 448, 449 HKSAR v. Tse So So (2007) 10 HKCFAR 368, 461 HKSAR v. Wong Kwok Hung [2007] 2 HKLRD 621, 467 HKSAR v. Wong Kwok Wang Warren (2009) 12 HKCFAR 218, 450 HKSAR v. Wong Sau Ming (2003) 6 HKCFAR 135, 160, 314, 343, 448, 449 HKSAR v. Zabed Ali (2003) 6 HKCFAR 192, 449, 457 HM Inspector of Taxes v. Mars UK Ltd [2005] STC 958, 597 HM Treasury v. Ahmed [2010] UKSC 2, 587 HM Treasury v. Ahmed [2010] 2 WLR 378, 587, 588 HM Treasury v. Ahmed (No 2) [2010] UKSC 5, 588, 589 Ho Choi Wan v. Housing Authority (2005) 8 HKCFAR 628, 302, 318, 392, 412, 440, 443, 445 Ho Ho Chuen v. Commissioner of Police, HCMP 2276/2009, 427 Ho Hoi Shing v. HKSAR (2008) 11 HKCFAR 354, 457 Ho Ming-sai v. The Director of Immigration [1994] 1 HKLR 21, 215, 420 Holding & Barnes Plc v. Hill House Hammond Ltd [2002] 2 P&CR 11, 587 Home Ofﬁce v. Dorset Yacht Co. Ltd [1970] AC 1004, 539 Hong Kong Island Development Ltd v. The World Food Fair Ltd & Anor (2006) 9 HKCFAR 162, 184, 516 Hopkinson v. Police [2004] 3 NZLR 704, 602 Huaxin (Hong Kong) Co. Ltd v. Cheerful Corporation, unreported, CACV 343/2003, 1 March 2005, 484 Huaxin (Hong Kong) Co. Ltd v. Cheerful Corporation, unreported, 18 July 2005, HCA 621/2003, 484 Hugo van Alphen v. The Netherlands (Comm. No. 305/1988, 15 Aug 1990, UNHRC), 454 Hui Yiu Wing v. Regional Council, unreported, FAMV16/2002, 24 September 2002, CFAAC, 185 Hull v. M’Kenna [1926] IR 402, 95 Hunt & Winterbotham (West of England) Ltd v. BRS (Parcels) Ltd [1962] 1 QB 617 (CA), 184 Hurnam v. Bholah [2010] UKPC 12, 109 Hytech Builders Pte Ltd v. Goh Teng Poh Karen [2008] SGHC 52, 584 Hyundai Engineering & Construction Co. Ltd v. Vigour Ltd [2005] 3 HKLRD 723, 570 Ibrahim v. R [1914] AC 599, 110 Ibralebbe v. R [1964] AC 900, 95, 101, 102

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Icebird Ltd v. Winegardner [2009] UKPC 24, 109 Iqbal Shahid v. Secretary for Justice [2010] 4 HKLRD 12 (CA), 403 Incorporated Owners of Hip Wo House v. Gallant King Development Limited [2007] HKCA 214, 185 Independent Jamaica Council for Human Rights (1998) Ltd v. Marshall-Burnett [2005] 2 AC 356, 95 ING Baring Securities (Hong Kong) Ltd v. The Commissioner of Inland Revenue (2007) 10 HKCFAR 417, 307 Inland Revenue Commissioners v. National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617, 421 Invercargill City Council v. Hamlin [1996] AC 624, 312, 339, 544, 545 Investors Compensation Scheme Ltd v. West Bromwich Building Society [1998] 1WLR 896, 501, 587 Ip Kay Lo v. Medical Council of Hong Kong (No. 2) [2003] 3 HKC 579, 374, 410 IRC v. Lysaght [1928] AC 234 (HL), 398 J.A.Pye(Oxford)Ltdv. Graham [2003] 1 AC 419, 494, 604 Jameel v. Wall Street Journal Europe [2007] 1 AC 359, 542 Jamil bin Harun v. Yang Kamsiah [1984] AC 529, 87 Jerry Chen v. Whirlpool (Hong Kong) Limited (2007) 10 HKCFAR 619, 531, 537, 546 Jesus´ Terron´ v. Spain (Com. no. 1073/2002, CCPR/C/82/D/1073/2002, November 2004), 629 Jeyaretnam v. Law Society of Singapore [1989] AC 608, 114 Jeyasegaram David v. Ban Song Long David [2005] 2 SLR 712, 605 Jikan Development Ltd v. Incorporated Owners of Million Fortune Industrial Centre (2003) 6 HKCFAR 446, 512 John G Stein & Co. Ltd v. O’Hanlon [1965] AC 890, 562 Johnson Matthey v. Constantine Terminals [1976] 2 Lloyd’s Rep 215, 160 Joint and Several Liquidators of Kong Wah Holdings Ltd v. Grande Holdings Ltd (2006) 9 HKCFAR 795, 206 Jumbo Gold Investment Ltd v. Warren Yuen Cheong Leung (2000) 3 HKCFAR 52, 510, 511 Jumbo King Ltd v. Faithful Properties Ltd (1999) 2 HKCFAR 279, 501, 503, 507, 508, 514, 517, 587

Kao, Lee and Yip v. Koo (2009) 12 HKCFAR 830, 307, 415 Kenny D Anthony v. Vaughn Lewis Claim No SLUHCV/2000/0411 (11 January 2006), 585 Kensland Realty Ltd v. Tai, Tang & Chong (2008) 11 HKCFAR 237, 303, 348, 518, 556 Kensland Realty Ltd v. Whale View Investment Ltd (2001) 4 HKCFAR 381, 517, 556, 604 K-GenerationPty.Ltdv. Liquor Licensing Court (2009) 83 ALJR 327, 331 Khan v. R [1967] 1 AC 454, 110 Kitano v. Commonwealth [1976] AC 99, 101

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Knight v. Attorney-General (Cayman Islands) [2008] UKPC 14, 109 Kong Wai Tsang v. Hospital Authority, unreported, 20 March 2006, FACV 16/2005, 535 Kong Yunming v. Director of Social Welfare [2009] 4 HKLRD 382, 387, 440 Koo Sze Yiu v. Chief Executive of the HKSAR (2006) 9 HKCFAR 441, 23, 302, 342, 343, 369, 375, 377, 387, 408, 428, 463, 587, 588, 589, 590, 603 Koon Wing Yee v. Insider Dealing Tribunal (2008) 11 HKCFAR 170, 347, 381, 382, 388, 405, 408 Ku Chia Chun v. Ting Lei Miao [1998] 3 HKC 119, 591 Kung Ming Tak Tong Co. Ltd v. Park Solid Enterprises Ltd (2008) 11 HKCFAR 403, 299, 503, 572 Kwan Siu Man Joshua v. Yaacov Ozer (1997–1998) 1 HKCFAR 343, 160, 516 Kwong Kwok Hay v. Medical Council of Hong Kong [2008] 3 HKLRD 524, 440

Lai King Shing v. Medical Council of Hong Kong [1995] 2 HKLR 465, 429 Lai Wing Cheung v. Yep Chau Chung, unreported, 14 February 2006, HCPI 43/2005, 11 Lam Chi Pan v. Commissioner of Police, FAMV35/2010, 427 Lam Pak Chiu v. Tsang Mei Ying (2001) 4 HKCFAR 34, 332, 547 Lam Siu Po v. Commissioner of Police (2009) 12 HKCFAR 237, 364, 411, 425 Lam Yuk Fai Steve v. HKSAR (2006) 9 HKCFAR 281, 452 Lange v. Atkinson [2000] 1 NZLR 257 (CA), 97 Lange v. Australian Broadcasting Commission (1997) 189 CLR 520, 334, 542 Lau Cheong v. HKSAR (2002) 5 HKCFAR 415, 331, 365, 366, 367, 386, 394, 404, 440, 449, 454, 455, 456, 605 Lau Chi Wai v. HKSAR (2004) 7 HKCFAR 460, 461 Lau Ka Yee Michael v. HKSAR (2004) 7 HKCFAR 510, 604 Lau Kong Yung v. Director of Immigration (1999) 2 HKCFAR 300, 78, 87, 217, 302, 306, 308, 316, 320, 356, 357, 363, 384, 385, 389, 397, 598 Lau Kwok Fai v. Secretary for Justice [2004] 3 HKLRD 570, 187, 372, 373, 386 Lau Suk-han v. HKSAR (1997–1998) 1 HKCFAR 150, 188 Lau Wai Wo v. HKSAR (2003) 6 HKCFAR 624, 365, 405, 453, 459 Lawrence v. Attorney General of Grenada [2007] 1 WLR 1474, 586 Lee Chun Chuen v. R [1963] AC 220, 110 Lee Fuk Hing v. HKSAR (2004) 7 HKCFAR 600, 160, 347, 457 Lee Kin-pong v. HKSAR [1998] 1 HKLRD 182, 188 Lee Kwan Woh v. Public Prosecutor [2009] 5 MLJ 301, 605 Lee Ting-sangv.Chung Chi-keung [1990] 1 HKLR 764, 524, 533 Lee To Nei v. HKSAR, unreported, FACC5/2011, 30 March 2012, 452 Lee Yee Shing v. CIR (2008) 11 HKCFAR 212, 302 Lesa v. Attorney-General [1983] 2 AC 20, 102, 111 Leung Chi Keung v. HKSAR (2004) 7 HKCFAR 526, 449 Leung Kwok Hung v. Chief Executive of the Hong Kong Special Administrative Region, unreported, 9 February 2006, HCAL 107/2005, 302, 376, 664