DOCSLIB.ORG

OFFICIAL RECORD of PROCEEDINGS Thursday, 10

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
OFFICIAL RECORD of PROCEEDINGS Thursday, 10 LEGISLATIVE COUNCIL ─ 10 January 2013 4643 OFFICIAL RECORD OF PROCEEDINGS Thursday, 10 January 2013 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. 4644 LEGISLATIVE COUNCIL ─ 10 January 2013 THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, S.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, S.B.S., J.P. THE HONOURABLE CHAN HAK-KAN, J.P. THE HONOURABLE CHAN KIN-POR, B.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, J.P. DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN THE HONOURABLE CLAUDIA MO LEGISLATIVE COUNCIL ─ 10 January 2013 4645 THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE NG LEUNG-SING, S.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN THE HONOURABLE FRANKIE YICK CHI-MING THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE YIU SI-WING THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN DR THE HONOURABLE KENNETH CHAN KA-LOK THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, B.B.S., M.H., J.P. THE HONOURABLE KENNETH LEUNG THE HONOURABLE ALICE MAK MEI-KUEN, J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK 4646 LEGISLATIVE COUNCIL ─ 10 January 2013 THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE HELENA WONG PIK-WAN THE HONOURABLE IP KIN-YUEN DR THE HONOURABLE ELIZABETH QUAT, J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, B.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN MEMBERS ABSENT: DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. LEGISLATIVE COUNCIL ─ 10 January 2013 4647 PUBLIC OFFICERS ATTENDING: THE HONOURABLE RIMSKY YUEN KWOK-KEUNG, S.C., J.P. THE SECRETARY FOR JUSTICE PROF THE HONOURABLE K C CHAN, G.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY CLERKS IN ATTENDANCE: MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 4648 LEGISLATIVE COUNCIL ─ 10 January 2013 MEMBERS' MOTIONS PRESIDENT (in Cantonese): Good morning, Council now resumes. We will deal with the third Member's motion. MR CHAN CHI-CHUEN (in Cantonese): President, I request a headcount. PRESIDENT (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) PRESIDENT (in Cantonese): Comprehensively reviewing the Mandatory Provident Fund Scheme. Members who wish to speak in the motion debate will please press the "Request to speak" button. PRESIDENT (in Cantonese): I now call upon Mr TANG Ka-piu to speak and move the motion. COMPREHENSIVELY REVIEWING THE MANDATORY PROVIDENT FUND SCHEME MR TANG KA-PIU (in Cantonese): President, I move that the motion, as printed on the Agenda, be passed. The motion is: Comprehensively reviewing the Mandatory Provident Fund (MPF) Scheme. My colleague, Mr WONG Kwok-kin, proposed a motion debate on 1 December 2010. We in the Hong Kong Federation of Trade Unions (FTU) will continue to follow up the reform of the MPF System until three problems, including low return, high fees and a lack of transparency, are addressed. In fact, many of my colleagues are very concerned about the MPF scheme. After looking up the records of proceedings of the last-term Legislative Council, I LEGISLATIVE COUNCIL ─ 10 January 2013 4649 found that a total of 22 questions were raised in the Legislative Council. This number is quite staggering. These questions were asked by various political parties and groupings, Members representing the grassroots, business sector and professionals. I notice that one of these questions is very interesting. On 10 March, 2010, Mr Ronny TONG asked the Government about the projected amount of MPF accrued benefits that can be withdrawn by employees currently aged 50 with a monthly income of $10,000 when they reach the age of 65 based on the investment returns of the MPF schemes in the past 10 years. In reply, the Secretary said, "According to the estimation made by the Mandatory Provident Fund Schemes Authority (MPFA), assuming that they have begun to make contributions since the inception of the MPF System in December 2000 and the annual rate of investment return is 5%, the amount of their accrued benefits when they reach retirement age of 65 would be $557,000." Is the Secretary's reply a beautiful lie? In fact, we know the answer pretty clear without waiting until 2015. If wage earners with a monthly income of $10,000 will get $557,000 after making contributions to the MPF schemes for 15 years, I think there would not have been a lot of negative news about the effectiveness of MPF. I have on hand several annual benefit statements given to me by a worker named "Ah Kwan". Her situation is similar to the background described in that question. In 1987, she began working in a clinic. In December 2000, she was required to participate in the MPF System when she was 48 years old with a monthly income of $10,000. After 11 and a half years, her salary has risen to $11,000. After making MPF contributions for 11 years and six months, the accrued contribution is $201,500. The target of accumulating $550,000 in 15 years as mentioned by Secretary Prof K C CHAN will be reached in three and a half years. Let me ask this question: How can the accrued benefit be doubled from $200,000 to $550,000 in three and a half years? Will the Government make up for such a big difference from public coffers? I am certainly not blaming anyone. But the fact is, if a retired worker is ultimately forced to apply for Comprehensive Social Security Assistance (CSSA) after spending all his pension, it will be the Government which has to foot the bill. Therefore, the effectiveness of the MPF scheme is our concern. Regarding the situation of Ah Kwan, assuming that in the end everything goes smoothly and she gets $300,000 upon retirement. It will be quite satisfactory when the accrued benefit has risen from $200,000 to $300,000 in a few years. Retiring at the age of 65 with a pension of $300,000, she can spend $1,250 per month in the next 20 years, given that the average life expectancy of a 4650 LEGISLATIVE COUNCIL ─ 10 January 2013 woman is 85 to 86 years. Assuming that she can apply for Old Age Living Allowance (OALA) in the future, she will get a total of $3,450, which, however, is lower than half of the median income of a one-person household, which stands at $3,500. In other words, a person who has worked hard throughout his life with a stable job and Form Five qualification will fall into the poverty line once retired. Thus, the situation of Ah Kwan has reflected the woes of the majority of workers in the middle and lower social strata, as well as prospective retirees. The problem of elderly poverty will become increasingly serious if the people rely solely on the MPF schemes which is characterized by low return and high fees. On 26 November 2012, Ms Anna WU, Chairman of the Mandatory Provident Fund Schemes Authority (MPFA), commented that although the MPF System is the second pillar of retirement protection, the Government has not specified the role of the MPF System in retirement protection and the income replacement rate. The income replacement rate of Ah Kwan is more than 10%, meaning that she can hardly save up for her old age.
Load more

Recommended publications
  • Women Readers of Middle Temple Celebrating 100 Years of Women at Middle Temple the Incorporated Council of Law Reporting for England and Wales
    The Honourable Society of the Middle Temple Middle Society Honourable the The of 2019 Issue 59 Michaelmas 2019 Issue 59 Women Readers of Middle Temple Celebrating 100 Years of Women at Middle Temple The Incorporated Council of Law Reporting for England and Wales Practice Note (Relevance of Law Reporting) [2019] ICLR 1 Catchwords — Indexing of case law — Structured taxonomy of subject matter — Identification of legal issues raised in particular cases — Legal and factual context — “Words and phrases” con- strued — Relevant legislation — European and International instruments The common law, whose origins were said to date from the reign of King Henry II, was based on the notion of a single set of laws consistently applied across the whole of England and Wales. A key element in its consistency was the principle of stare decisis, according to which decisions of the senior courts created binding precedents to be followed by courts of equal or lower status in later cases. In order to follow a precedent, the courts first needed to be aware of its existence, which in turn meant that it had to be recorded and published in some way. Reporting of cases began in the form of the Year Books, which in the 16th century gave way to the publication of cases by individual reporters, known collectively as the Nominate Reports. However, by the middle of the 19th century, the variety of reports and the variability of their quality were such as to provoke increasing criticism from senior practitioners and the judiciary. The solution proposed was the establishment of a body, backed by the Inns of Court and the Law Society, which would be responsible for the publication of accurate coverage of the decisions of senior courts in England and Wales.
    [Show full text]
  • (2015-16) Volume 30 Inland Revenue Board of Review Decisions in the Court of the Final Appeal of the Hong Kong Special Administr
    (2015-16) VOLUME 30 INLAND REVENUE BOARD OF REVIEW DECISIONS FACV No 16 of 2015 IN THE COURT OF THE FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO 16 OF 2015 (CIVIL) (ON APPEAL FROM CACV NO 41 OF 2010) ____________________________ BETWEEN st CHURCH BODY OF THE HONG KONG 1 Appellant st SHENG KUNG HUI (1 Respondent) nd HONG KONG SHENG 2 Appellant nd KUNG HUI FOUNDATION (2 Respondent) - and - COMMISSIONER OF INLAND REVENUE Respondent (Appellant) ____________________________ Before: Mr Justice Ribeiro PJ, Mr Justice Tang PJ, Mr Justice Fok PJ, Mr Justice Chan NPJ and Mr Justice Gummow NPJ Date of Hearing: 8 January 2016 Date of Judgment: 4 February 2016 _______________________________ J U D G M E N T _______________________________ 377 (2015-16) VOLUME 30 INLAND REVENUE BOARD OF REVIEW DECISIONS Mr Justice Ribeiro PJ: 1. I agree with the judgements of Mr Justice Tang and Mr Justice Fok PJJ and with the additional observations of Mr Justice Chan NPJ. Mr Justice Tang PJ: Introduction 2. Section 14 of the Inland Revenue Ordinance, Cap 112, provides that profits tax shall be chargeable — on every person carrying a trade in Hong Kong in respect of his assessable profits. Trade is defined in s 2 as including “every trade and manufacture, and every adventure and concern in the nature of trade”. 3. The respondents in this appeal by the Commissioner of Inland Revenue (“the Commissioner”) are the Church Body of the Hong Kong Sheng Kung Hui and the Hong Kong Sheng Kung Hui Foundation. They are respectively the incorporation of the Anglican Church in Hong Kong (“the Church Body”) and the incorporation of the Anglican Bishop of Hong Kong (“the Foundation”).
    [Show full text]
  • List of Appendices
    List of Appendices Appendix 1 130 Highlights of Events 2005 Appendix 2 134 List of Judges and Judicial Officers Appendix 3 139 Structure of Courts Appendix 4 140 Membership List of the Judicial Officers Recommendation Commission Appendix 5 142 Membership List of the Court Users' Committees Appendix 6 146 Membership List of the Judicial Studies Board Appendix 7 148 Training Activities Organised / Co-ordinated by the Judicial Studies Board Appendix 8 154 Number of Visits and Visitors to the Judiciary in 2004 and 2005 Appendix 9 155 Expenditure and Revenue of the Judiciary for 2004-2005 Appendix 10 156 司法機構政務處的架構 Organisation of the Judiciary Administration Appendix 11 157 Number of Complaints Against Judges and Judicial Officers Appendix 12 158 Number of Complaints Against the Judiciary Administration 129 Appendix 1 Highlights of Events 2005 Date Events The Hon Mr Justice Tang, Judge of the Court of First Instance of the High Court, was appointed as Justice of Appeal of the Court of Appeal of the High Court A nine-member delegation from the Supreme People’s Court, the People’s Republic of China, visited the Hong Kong Judiciary The Hon Mr Justice Henry Fryberg, Justice of the Supreme Court of Queensland, Australia, and Mr Simon Lee, Commissioner of Queensland Government Trade and Investment Office, Hong Kong and South China, visited the Hong Kong Judiciary The Chief Justice declared opening of the 2005 Legal Year A nine-member delegation led by Mr Kairat Mami, Chairman of the Supreme Court of the Republic of Kazakhstan, visited the Hong Kong
    [Show full text]
  • Cacv 147/2010 in the High Court Of
    由此 A A B CACV 147/2010 B C C IN THE HIGH COURT OF THE D D HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL E E CIVIL APPEAL NO. 147 OF 2010 F F (ON APPEAL FROM HCCL 16 OF 2006) G G BETWEEN H H WANG RUIYUN Plaintiff I I and J J GEM GLOBAL YIELD FUND LIMITED Defendant K K L L M Before : Hon Tang Ag. CJHC, Cheung and Fok JJA in Court M Date of Hearing : 3 June 2011 N N Date of Judgment : 20 June 2011 O O P J U D G M E N T P Q Q Hon Tang Ag. CJHC : R R 1. I have the advantage of reading Cheung JA’s judgment S in draft. I agree with it and have nothing to add. S T T U U V V 由此 A A - 2 - B B C C D D Hon Cheung JA : E E 2. This is an appeal by the defendant against the F assessment of damages by Master de Souza. F G G Procedural background H H 3. On 22 March 2006 the plaintiff commenced the present I action against the defendant and obtained an injunction from Yam J I to restrain the defendant from dealing with certain shares in J J Bestway International Holdings Ltd (‘Bestway’) and from K K withdrawing money from an escrow account. After the service of the Amended Statement of Claim and the Defence and L L Counterclaim, the plaintiff obtained summary judgment from M M Stone J on 6 March 2007 against the defendant for HK$40,503,237.28 and HK$930,412.15.
    [Show full text]
  • FACV No. 8 of 2018 [2019] HKCFA 19 in the COURT of FINAL APPEAL
    FACV No. 8 of 2018 [2019] HKCFA 19 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 8 OF 2018 (CIVIL) (ON APPEAL FROM CACV NO. 126 OF 2017) _________________________ BETWEEN LEUNG CHUN KWONG Appellant and SECRETARY FOR THE CIVIL SERVICE 1st Respondent COMMISSIONER OF INLAND REVENUE 2nd Respondent and INTERNATIONAL COMMISSION OF Intervener JURISTS _________________________ Before: Chief Justice Ma, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Tang NPJ and Mr Justice Gleeson NPJ Date of Hearing 7 May 2019 Date of Judgment: 6 June 2019 - 2 - JUDGMENT The Court: A. Introduction 1. This appeal concerns equality under the law and involves an application of the legal principles identified and applied in this Court’s recent decision in QT v Director of Immigration.1 It arises in the context of a claim to entitlement to spousal medical and dental benefits under the Civil Service Regulations (“CSRs”) and to opt for joint assessment of salaries tax under the Inland Revenue Ordinance.2 As will be seen, the appellant claims he has been unlawfully discriminated against on the basis of his sexual orientation. A.1 The parties 2. The appellant is a Hong Kong permanent resident of Chinese nationality. He commenced employment as an immigration officer with the Government of the Hong Kong Special Administrative Region in 2003 and, as such, is subject to the CSRs. He is homosexual and, in 2005, met his partner, Mr Scott Adams. The couple began cohabiting in 2013 and, on 18 April 2014, they were married in New Zealand.
    [Show full text]
  • Hkcfa 12 in the Court of Final Appeal of the Hong
    Press Summary (English) Press Summary (Chinese) FACV No. 14 of 2017 [2018] HKCFA 12 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO.14 OF 2017 (CIVIL) (ON APPEAL FROM CACV NO. 272 OF 2015) ____________________ BETWEEN (1) ASTRO NUSANTARA Applicants/ INTERNATIONAL B.V. (2) ASTRO NUSANTARA Claimants in the HOLDINGS B.V. Arbitration/ (3) ASTRO MULTIMEDIA Judgment Creditors CORPORATION N.V. (4) ASTRO MULTIMEDIA N.V. (Respondents) (5) ASTRO OVERSEAS LIMITED (formerly known as AAAN (Bermuda) Limited) (6) ASTRO ALL ASIA NETWORKS PLC (7) MEASAT BROADCAST NETWORK SYSTEMS SDN BHD (8) ALL ASIA MULTIMEDIA NETWORK FZ-LLC and (1) PT AYUNDA PRIMA MITRA (2) PT FIRST MEDIA TBK (Appellant) (formerly known as PT BROADBAND MULTIMEDIA TBK) (3) PT DIRECT VISION Defendants/Respondents in the Arbitration/ Judgment Debtors ____________________ Before: Chief Justice Ma, Mr Justice Ribeiro PJ, Mr Justice Tang PJ, Mr Justice Fok PJ and Lord Reed NPJ Date of Hearing: 12 March 2018 Date of Judgment: 11 April 2018 ________________________ J U D G M E N T _________________________ Chief Justice Ma: 1. I agree with the judgment of Mr Justice Ribeiro PJ. Mr Justice Ribeiro PJ: 2. This appeal raises issues concerning the principles applicable where a party seeks leave to resist enforcement of a New York Convention arbitration award out of time. 3. The eight respondent companies, members of a Malaysian media group conveniently referred to as “Astro”, were the claimants in the arbitration. The 1st to 5th, 7th and 8th respondents are subsidiaries of the 6th respondent, a substantial company listed on the Kuala Lumpur Stock Exchange.
    [Show full text]
  • Cacv 59/2010 in the High Court of the Hong Kong
    由此 A A CACV 59/2010 B B IN THE HIGH COURT OF THE C C HONG KONG SPECIAL ADMINISTRATIVE REGION D COURT OF APPEAL D CIVIL APPEAL NO. 59 OF 2010 E E (ON APPEAL FROM HCAL NO. 31 OF 2009) F F G BETWEEN G CH Applicant H H And I DIRECTOR OF IMMIGRATION Respondent I J J Before: Hon Hartmann and Fok JJA and To J in Court K K Date of Hearing: 14 September 2011 Date of Judgment: 14 September 2011 L L Date of Handing Down Reasons for Judgment: 26 September 2011 M M N R E A S O N S F O R J U D G M E N T N O O Hon Hartmann JA (giving the Reasons for Judgment of the Court): P P 1. By notice of motion dated 27 June 2011, the applicant sought leave Q to appeal this Court’s judgment of 18 April 2011 to the Court of Final Appeal. Q The application was made pursuant to s. 22(1)(b) of the Court of Final Appeal R R Ordinance, Cap. 484, on the basis that questions of great general or public S S importance or otherwise questions that should be submitted to the Court of Final Appeal for decision arise in the appeal. Having heard submissions, we T T dismissed the application. U U V V 由此 - 2 - A A 2. The applicant, CH, came to Hong Kong on 12 July 2008. He was B B in possession of a Cameroonian passport and was permitted to remain here as a C visitor for a period of 14 days, his last permitted day in Hong Kong being C 26 July 2008.
    [Show full text]
  • W V. Registrar of Marriages, Hong Kong Court of Appeal
    A A CACV 266/2010 B B IN THE HIGH COURT OF THE C C HONG KONG SPECIAL ADMINISTRATIVE REGION D COURT OF APPEAL D CIVIL APPEAL NO. 266 OF 2010 E E (ON APPEAL FROM HCAL NO. 120 OF 2009) F F BETWEEN G G W Applicant and H H REGISTRAR OF MARRIAGES Respondent I I J J Before: Hon Tang VP, Hartmann and Fok JJA in Court Dates of Hearing: 12 & 13 October 2011 K K Date of Handing Down Judgment: 25 November 2011 L L J U D G M E N T M M N Hon Tang VP: N O O 1. I have had the advantage of reading Fok JA’s judgment in draft. I am in full agreement and have nothing to add. P P Q Hon Hartmann JA: Q R R 2. I agree with the judgment of Fok JA. S S T T U U V V A - 2 - A Hon Fok JA: B B C A. Introduction C D D 3. The appellant is a post-operative transsexual woman, who wishes to marry her male partner. The respondent has construed the relevant E E provisions of the Marriage Ordinance, Cap. 179 (“the MO”) as not permitting F F such a marriage. The appellant challenges the respondent’s construction of those provisions. Alternatively, the appellant says that the provisions, if G G construed correctly by the respondent, are unconstitutional being in breach of H H various articles of the Basic Law (“BL”), the Hong Kong Bill of Rights (“HKBOR”) and the International Covenant on Civil and Political Rights I I (“ICCPR”).
    [Show full text]
  • Cacv 87/2010 in the High Court of the Hong Kong
    由此 A A CACV 87/2010 B B IN THE HIGH COURT OF THE C C HONG KONG SPECIAL ADMINISTRATIVE REGION D COURT OF APPEAL D CIVIL APPEAL NO. 87 OF 2010 E E (ON APPEAL FROM HCAL NO. 75 OF 2009) F F G BETWEEN G ASIF ALI Applicant H H And st I DIRECTOR OF IMMIGRATION 1 Respondent I nd SECRETARY FOR SECURITY 2 Respondent J J K K Before: Hon Stock VP, Fok JA and Lam J in Court L Date of Hearing: 30 November 2011 L Date of Judgment: 30November 2011 M M J U D G M E N T N N O O Hon Stock VP: P P 1. We handed down judgment in this matter on 28 June 2011. The Q main issue was the effect of section 2(4)(b) of the Immigration Ordinance, Q Cap. 115 upon a period of remand in custody pending trial that results in a R R conviction and the question was whether that period was excluded from S categorization as a period of ordinary residence. We held that it was not S excluded. T T U U V V 由此 - 2 - A A 2. The respondent now seeks leave to appeal to the Court of Final B B Appeal under section 22(1)(b) of the Court of Final Appeal Ordinance, C Cap. 484 on the basis that questions involved in the appeal are of great general C public importance or otherwise ought to be submitted to the Court of Final D D Appeal for decision.
    [Show full text]
  • On Appeal from Hcal No
    由此 A A CACV 87/2010 B B IN THE HIGH COURT OF THE C C HONG KONG SPECIAL ADMINISTRATIVE REGION D COURT OF APPEAL D CIVIL APPEAL NO. 87 OF 2010 E E (ON APPEAL FROM HCAL NO. 75 OF 2009) F F G BETWEEN G ASIF ALI Applicant H H And st I DIRECTOR OF IMMIGRATION 1 Respondent I nd SECRETARY FOR SECURITY 2 Respondent J J K K Before: Hon Stock VP, Fok JA and Lam J in Court L Date of Hearing: 4 March 2011 L Date of Handing Down Judgment: 28 June 2011 M M J U D G M E N T N N O O Hon Stock VP: P P The issue Q Q 1. Section 2(4)(b) of the Immigration Ordinance provides that a R R person shall not be treated as ordinarily resident in Hong Kong during any period of imprisonment or detention pursuant to the sentence or order of any S S court. T T U U V V 由此 - 2 - A A 2. The question which arises in this case concerns the effect of that B B provision upon a period of remand in custody pending a trial that results in a C conviction: is that period excluded from categorisation as a period of ordinary C residence? D D E Introduction E F F 3. This is an appeal from a decision of Andrew Cheung J (as he then was) on 25 March 2010 whereby he dismissed an application for judicial G G review. H H 4. The applicant’s case is that in February 2006, he made an I I application for verification of status as a permanent resident but that in May J 2007 that application was wrongfully rejected by the Director of Immigration.
    [Show full text]
  • Telecommunications (Competition Provisions) Appeal Board
    Telecommunications (Competition Provisions) Appeal Board Appeal No. 29 SmarTone Mobile Communications Limited v The Telecommunications Authority Date of appeal : 12 November 2010 Appellant : SmarTone Mobile Communications Limited ("SmarTone") Nature of appeal : Against the Decision of the Telecommunications Authority ("TA") issued in November 2010, which dismissed the complaint of SmarTone pursuant to sections 7K, 7L and 7N of the Telecommunications Ordinance (Cap. 106), in respect of PCCW-HKT Telephone Limited's ("PCCW") increase of fixed- mobile interconnection charge tariff from 4.36 cents per minute to 5.45 cents per minute, effective during the period from 1 June 2008 to 28 April 2009. Hearings : After having considered written submissions from parties concerned and their oral submissions made at the case management conference held on 21 February 2011, the Chairman granted leave to PCCW to intervene in the Appeal and to raise the issue of dominance, among other preliminary issues. The Decision of the Chairman dated 7 April 2011 is attached The Chairman, in his Decision dated 30 May 2011 (copy attached), refused the TA’s application to state a case to the Court of Appeal relating to the scope of PCCW’s intervention, among other requests from parties concerned. Pursuant to Order 61 rule 2 of the Hong Kong Civil Procedure Rules, the TA applied to the Court of Appeal in June 2011 for an order requiring the Appeal Board to state the above case. On 29 February 2012, the Court of Appeal heard and dismissed the application (no. CACV 109/2011). The Judgment handed down on 8 March 2012 is attached.
    [Show full text]
  • [2020] Hkcfa 42 in the Court of Final Appeal of The
    Press Summary (English) Press Summary (Chinese) FACV Nos. 6, 7, 8 and 9 of 2020 [2020] HKCFA 42 FACV Nos. 6 and 7 of 2020 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NOS. 6 and 7 OF 2020 (CIVIL) (ON APPEAL FROM CACV NOS. 542 AND 583 OF 2019) _________________________ BETWEEN KWOK WING HANG 1st Applicant CHEUNG CHIU HUNG 2nd Applicant TO KUN SUN JAMES 3rd Applicant LEUNG YIU CHUNG 4th Applicant JOSEPH LEE KOK LONG 5th Applicant MO, MAN CHING CLAUDIA 6th Applicant WU CHI WAI 7th Applicant CHAN CHI-CHUEN RAYMOND 8th Applicant LEUNG KAI CHEONG KENNETH 9th Applicant KWOK KA-KI 10th Applicant WONG PIK WAN 11th Applicant IP KIN-YUEN 12th Applicant YEUNG ALVIN NGOK KIU 13th Applicant ANDREW WAN SIU KIN 14th Applicant CHU HOI DICK EDDIE 15th Applicant LAM CHEUK-TING 16th Applicant SHIU KA CHUN 17th Applicant TANYA CHAN 18th Applicant HUI CHI FUNG 19th Applicant KWONG CHUN-YU 20th Applicant TAM MAN HO JEREMY JANSEN 21st Applicant FAN, GARY KWOK WAI 22nd Applicant AU NOK HIN 23rd Applicant CHARLES PETER MOK 24th Applicant (Appellants) and CHIEF EXECUTIVE IN COUNCIL 1st Respondent SECRETARY FOR JUSTICE 2nd Respondent (Respondents) _________________________ FACV No. 8 of 2020 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION FINAL APPEAL NO. 8 OF 2020 (CIVIL) (ON APPEAL FROM CACV NO. 541 OF 2019) _________________________ BETWEEN LEUNG KWOK HUNG (梁國雄) Applicant (Appellant) and SECRETARY FOR JUSTICE 1st Respondent CHIEF EXECUTIVE IN COUNCIL 2nd Respondent (Respondents) _________________________ FACV No.
    [Show full text]