The Hong Kong Court of Final Appeal Ordinance provides for a list of non-permanent Hong Kong judges and a list of judges from other common law jurisdictions. 484) and leave to appeal is granted Section: The Court of Final Appeal of the Hong Kong Special Administrative Region (HKSAR) on Monday ruled in favor of the HKSAR government on the appeal concerning the Emergency Regulations Ordinance (ERO) and the Prohibition on Face Covering Regulation (PFCR). An Ordinance to establish a Court of Final Appeal for Hong Kong, and for matters incidental thereto and connected therewith. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. (2) This Ordinance shall not come into operation on or before 30 June 1997 and the following day shall be the day for the coming into operation of the Ordinance, which shall be amended as necessary to ensure that it is in full conformity with the Basic Law. [1 July 1997] (Enacting provision omitted—E.R. High Court Ordinance 6. Ordinance, Cap. The Emergency Regulations Ordinance is like a missile launcher ... Twenty-five pro-democratic figures and the government challenged the Court of Appeal's ruling to the Court of Final Appeal… The Hong Kong Court of Fina… The essential question in this appeal concerns the proper interpretation of the Ordinance. The total maximum number of judges from both lists is 30. Filter by: Final Appeal Application for Leave (etc.) This preview shows page 1 - 6 out of 48 pages. Court Calendar . The Court of Final Appeal … As stated in its preamble, it was enacted to protect and preserve the harbour by establishing a presumption against reclamation. The Court of Appeal has ruled that Hong Kong’s ban on wearing masks at unlawful assemblies is constitutional, overturning lower court decision. [Reproduced from Ord. 32 No. In a unanimous judgment written by Chief Justice Ma, the Court of Final Appeal found that SO 41-05 constituted differential treatment on the basis of sex, contravening the Sex Discrimination Ordinance (Cap. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." No. ... ‘Abolish’ the ordinance. 1 of 2018), This Ordinance may be cited as the Hong Kong Court of. On 18 October 2019, the Court of Final Appeal handed down its judgment in HKSAR v Lai Kam Fat (黎錦發) [2019] HKCFA 36 examining the physical and mental ingredients of the substantive and conspiracy drug trafficking offences under the Dangerous Drugs Ordinance (Cap. (B) In all matters, the Rules of the Court of Appeal shall be applied and followed in a uniform, consistent and fair manner. The Emergency Regulations Ordinance is like a missile launcher ... Twenty-five pro-democratic figures and the government challenged the Court of Appeal's ruling to the Court of Final Appeal… 2. Forthcoming Final Appeal Hearing; Forthcoming Leave Application (etc.) Short title and commencement (1) This Ordinance may be cited as the Hong Kong Court of Final Appeal Ordinance. 4) is amended by adding— “(eb) from a decision of the Court of First Instance in respect of which a certificate is granted under section 27C of the Hong Kong Court of Final Appeal Ordinance (Cap. (1) This Ordinance may be cited as the Hong Kong Court of Final Appeal Ordinance. Appeal in civil matters Section 14(3) of the High Court Ordinance (Cap. The Taxpayer filed a notice of intended application for leave to appeal to the Court of Final Appeal … (2) This Ordinance shall not come into operation on or before 30 June 1997 and the following day shall be the day for the coming into operation of the Ordinance, which shall be amended as necessary to ensure that it is in full conformity with the Basic Law. 134). The purpose of the Ordinance is to provide for a leapfrog procedure by which civil appeals may, in certain cases, go directly to the Court of Final Appeal from the Court of First Instance, bypassing the intermediate On 11 April 2019, the Court of Appeal orally dismissed the Taxpayer’s appeal against the Court of First Instance’s dismissal of the judicial review application in respect of the Board’s refusal to state a case. The Court of Final Appeal has jurisdiction in respect of matters conferred on it by the Hong Kong Court of Final Appeal Ordinance (Cap. (1) This Ordinance may be cited as the Hong Kong Court of Final Appeal Ordinance. Reformatory Schools Ordinance (Cap 225) (01-07-2007) (English).pdf, Evidence Ordinance (Cap 8) (20-09-2018) (English).pdf, Aviation Security Ordinance (Cap 494) (12-12-2019) (English).pdf, Rehabilitation Centres Ordinance (Cap 567) (19-09-2019) (English).pdf, 11. The same court exists today as the High Court. 1 of 2018) Part I General 1. 484) and leave to appeal is granted (Enacting provision omitted—E.R. High Court Ordinance 6. The Court of Final Appeal may confirm, reverse or vary the decision of the court from which the appeal lies or may remit the matter with its opinion to that court, or may make such other order in the matter as it thinks fit. The Court of Criminal Appeal Ordinance came into force on 1 September 1934 to provide for the establishment of a Court of Criminal Appeal. 6) (“BO”), a person who has been adjudged bankrupt will be entitled to be discharged from bankruptcy four years after the making of the bankruptcy order, unless it is a second bankruptcy or the period is extended by the Court.The maximum extension is an additional four year period. Regarding the Tax Decision, both the Court of First Instance and Court of Appeal ruled against the appellant. Hong Kong Court of Final Appeal Ordinance (Cap 484) (06-12-2019) (English).pdf - Hong Kong Court of Final Appeal Ordinance T-2 Cap 484 Hong Kong Court, Hong Kong Court of Final Appeal Ordinance, Prohibition on practice as barrister or solicitor, Transitional provisions relating to retirement, An Ordinance to establish a Court of Final Appeal for Hong Kong, and for. 531 (“the Ordinance”) is a unique piece of legislation. The Judicial Committee of the Privy Council continued to be the final appellate court. 484)) RESOLVED that – (1) the appointment of – (a) the Honourable Mr Justice Patrick Chan Siu Oi; and (b) the Honourable Mr Justice Roberto Alexandre Vieira Ribeiro, as permanent judges of the Hong Kong Court of Final [1 July 1997] (Enacting provision omitted E.R. the Court of Final Appeal on 1 July 1997 in accordance with the Basic Law and consistent with the provisions of the Court of Final Appeal Ordinance. An Ordinance to establish a Court of Final Appeal for Hong Kong, and for matters incidental thereto and connected therewith. Court of Final Appeal’s Decision In a unanimous judgment written by Chief Justice Ma, the Court of Final Appeal found that SO 41-05 constituted differential treatment on the basis of sex, contravening the Sex Discrimination Ordinance (Cap. ˆÉˆ”Ä”0JIè¸3pÂå„ î� ÚPÂõ§"Á'œsˆFÂ…‡³CÂı}"ÂÃ@’¯_İÁ«¾‰u¢È71Ãå)y¼¾v‡y¦A7™pLt z&+fq+‡f5+G&¼�ñPäóXé©ûкõªg××ó�ò=Y— The judge cited section 31 of the Hong Kong Court of Final Appeal Ordinance, which stipulates that the top court can only adjudicate applications arising from a “final decision” by a lower court. Legal News & Analysis – Asia Pacific - Hong Kong – Dispute Resolution Legal Advice Privilege Only Covers Advice From Lawyers, Says The Hong Kong Court Of AppealLegal News & Analysis – Asia Pacific - Hong Kong – Dispute Resolution ¨ÌÚ�$kuŞ{»É,¨š,£v“G eŒqÄ�‹½.OÒ�*ɽú‹Ùb‡ùU“#ñE°èŸ;}tÑóú-÷û åŸÒp?¥ã? This is a question of law of great general and public In accordance with the Basic Law, the CFA Ordinance provides that the judges of the Court of Final Appeal, including the non-permanent Hong Kong judges and judges from other common law jurisdictions, shall be appointed by the Chief Executive acting in accordance with the recommendation of an independent commission, namely the Judicial Officers Recommendation Commission. The Court of Final Appeal handed down a judgment on 9 February 2015 in relation to the admissibility of “WhatsApp” messages in the case of HKSAR v Lau Shing Chung Simon (FACC 6/2014). Latest News Notice No. The Appellant had been convicted after trial of Common Assault against a Ms Yau. Court of Final Appeal’s Decision In a unanimous judgment written by Chief Justice Ma, the Court of Final Appeal found that SO 41-05 constituted differential treatment on the basis of sex, contravening the Sex Discrimination Ordinance (Cap. Registrar's Hearings. A2082-A2133, Hong Kong Legislative Council. On 20th March 2015, the Court of Final Appeal allowed an appeal in relation to the issuing of advertisements to promote a collective investment scheme without the authorization of the SFC. Registrar's Hearings. Hearing; Registrar's Hearings; Registrar's Hearings; Forthcoming Hearings Today. In essence, the ruling mainly affects those bankrupts who have left Hong Kong before the making of bankruptcy orders and are not present in Hong Kong on CONSTITUTION OF BENCHES FROM 18TH JANUARY 2021 ONWARDS (A) The Constitution of Benches of the Court of Appeal from 18 th January 2021, which shall be operative until further notice, is set out in the Schedule hereof. The Supreme Court. The Court of Final Appeal says the ban on face masks at protests and rallies is proportionate. Under the Bankruptcy Ordinance (Cap. HONG KONG COURT OF FINAL APPEAL ORDINANCE RESOLUTION (Under section 7A of the Hong Kong Court of Final Appeal Ordinance (Cap. Section: The Court of Final Appeal answered the above questions in the affirmative. An appellant in ordinary civil cases may appeal to the Court of Final Appeal as of right or as a matter of discretion under section 22(1) of the Hong Kong Court of Final Appeal Ordinance. 480) as well as the right to equality guaranteed by Article 25 of the Basic Law. There would also be power to disqualify rights to act as directors. Listing View. What are the powers of the Court of Final Appeal? This was necessary as, up till then, the Court of Appeal had exercised only appellate civil jurisdiction. Upon further appeal, the Court of Final Appeal (CFA) allowed the appellant’s appeal. 480) as well as the right to equality guaranteed by Article 25 of the Basic Law. An Ordinance to establish a Court of Final Appeal for Hong Kong, and for matters incidental thereto and connected therewith. Course Hero is not sponsored or endorsed by any college or university. matters incidental thereto and connected therewith. Prev. On 5 November 2015, the Court of Final Appeal has ruled that section 30A(10)(a) (“the Section”) of the Bankruptcy Ordinance is unconstitutional. Latest News Notice No. 2/2021. Counsel advised that the tax amount would not determine the question whether leave should be granted as of right. Appeal in civil matters Section 14(3) of the High Court Ordinance (Cap. Õï×dó|‘fK÷9Í:Y™¾=Ó¢Ô½URÔu6‘Ìı.i/—�?”Éá-ˆ¼Ğ«r The Court of Appeal has ruled that Hong Kong’s ban on wearing masks at unlawful assemblies is constitutional, overturning lower court decision. 1 of 2018) Part I General 1. 6) Is Unconstitutional. In a unanimous judgment written by Chief Justice Ma, the Court of Final Appeal found that SO 41-05 constituted differential treatment on the basis of sex, contravening the Sex Discrimination Ordinance (Cap. Court of Final Appeal’s Ruling. 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