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 final district courts were abolished in 1909. 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. HONG KONG, Dec. 21 (Xinhua) -- 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 … 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). [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. This preview shows page 1 - 6 out of 48 pages. [Reproduced from Ord. 23-12-2020 Appointment of non-permanent judge from another common law jurisdiction of the Court of Final Appeal 17-12-2020 PRACTICE DIRECTION 3.3 - VOLUNTARY MEDIATION IN PETITIONS PRESENTED UNDER SECTION 724 OF THE COMPANIES ORDINANCE, CAP. The Judicial Committee of the Privy Council continued to be the final appellate court. Registrar's Hearings. As stated in its preamble, it was enacted to protect and preserve the harbour by establishing a presumption against reclamation. Court of Final Appeal rules that Section 30A(10)(a) of the Bankruptcy Ordinance (Cap. Court Of Final Appeal Rules That Section 30A(10)(a) Of The Bankruptcy Ordinance (Cap. The Hong Kong Court of Final Appeal (Amendment) Ordinance was enacted on 30 May 2002 and came into operation on 2 December 2002. Upon further appeal, the Court of Final Appeal (CFA) allowed the appellant’s appeal. 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 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. Section: 484) and leave to appeal is granted the Insider Dealings Ordinance which contains a complete different scheme with sanctions including a penalty of three times the money avoided by reason of the insider dealing which would come up to millions of dollars. 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. !ÄŞ³O¥æ0†× $!çæ Ê8l,´ú~ğί�‹ÔÏæØšïìg #¼:~P¡ÃÁ§„ç sæg)½c´¸¶ 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. Under the Bankruptcy Ordinance (Cap. (Enacting provision omitted—E.R. 1 of 2018) (Format changes—E.R. 1 of 2018) Part I General 1. The Court of Final Appeal answered the above questions in the affirmative. Short title and commencement (1) This Ordinance may be cited as the Hong Kong Court of Final Appeal Ordinance. 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 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. There would also be power to disqualify rights to act as directors. The CFA recognized that the protection of the institution of marriage in Hong Kong, being heterosexual and monogamous, was a legitimate aim. The essential question in this appeal concerns the proper interpretation of the Ordinance. 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. 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 The total maximum number of judges from both lists is 30. (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 6) is unconstitutional Deacons Hong Kong January 13 2016 Under the Bankruptcy Ordinance (Cap. No. 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. 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. 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. 2/2021. The Court of Appeal has ruled that Hong Kong’s ban on wearing masks at unlawful assemblies is constitutional, overturning lower court decision. The Supreme Court. [1 July 1997] (Enacting provision omitted—E.R. Course Hero is not sponsored or endorsed by any college or university. 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. 484) ("the Ordinance") and by certain other ordinances. The Court of Final Appeal … 2/2021. The same court exists today as the High Court. It hears appeals on civil and criminal matters from the High Court (the Court of Appeal and the Court of First Instance). The CFA recognized that the protection of the institution of marriage in Hong Kong, being heterosexual and monogamous, was a legitimate aim. 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. 79 of 1995, English text, pp. 480) as well as the right to equality guaranteed by Article 25 of the Basic Law. 480) as well as the right to equality guaranteed by Article 25 of the Basic Law. 1 of 2018), This Ordinance may be cited as the Hong Kong Court of. High Court Ordinance 6. Upon further appeal, the Court of Final Appeal (CFA) allowed the appellant’s appeal. The powers of the Court of Final Appeal are set out in section 17 of the Hong Kong Court of Final Appeal Ordinance. To print the whole chapter in HTML, please click at the bottom of the TOC panel and then click .Please set the page orientation to “Landscape” for printing of bilingual texts on a single page. 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… (B) In all matters, the Rules of the Court of Appeal shall be applied and followed in a uniform, consistent and fair manner. Court of Final Appeal’s Ruling. (1) This Ordinance may be cited as the Hong Kong Court of Final Appeal Ordinance. (1) This Ordinance may be cited as the Hong Kong Court of Final Appeal Ordinance. The Court of Final Appeal has jurisdiction in respect of matters conferred on it by the Hong Kong Court of Final Appeal Ordinance (Cap. In December 1841 an ordinance was passed establishing the Supreme Court of New Zealand. The Court of Final Appeal says the ban on face masks at protests and rallies is proportionate. The Court of Final Appeal answered the above questions in the affirmative. 134). HONG KONG COURT OF FINAL APPEAL ORDINANCE RESOLUTION (Under section 7A of the Hong Kong Court of Final Appeal 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— Short title and commencement (1) This Ordinance may be cited as the Hong Kong Court of Final Appeal Ordinance. Final Appeal. Prev. The Hong Kong Court of Final Appeal revoked the bail order of Jimmy Lai, Apple Daily founder and a notorious anti-government figure, on Thursday, ending his … Under the Bankruptcy Ordinance (Cap. (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. Court Of Final Appeal Rules That Section 30A(10)(a) Of The Bankruptcy Ordinance (Cap. Latest News Notice No. Court Calendar . 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. 480) as well as the right to equality guaranteed by Article 25 of the Basic Law. This court 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. An Ordinance to establish a Court of Final Appeal for Hong Kong, and for matters incidental thereto and connected therewith. ... ‘Abolish’ the ordinance. matters incidental thereto and connected therewith. 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). (1) This Ordinance may be cited as the Hong Kong Court of Final Appeal Ordinance. (1) This Ordinance may be cited as the Hong Kong Court of Final Appeal Ordinance. Regarding the Tax Decision, both the Court of First Instance and Court of Appeal ruled against the appellant. Latest News Notice No. The Court of Criminal Appeal Ordinance came into force on 1 September 1934 to provide for the establishment of a Court of Criminal Appeal. [1 July 1997] (Enacting provision omitted E.R. Forthcoming Final Appeal Hearing; Forthcoming Leave Application (etc.) 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. The Appellant had been convicted after trial of Common Assault against a Ms Yau. An Ordinance to establish a Court of Final Appeal for Hong Kong, and for matters incidental thereto and connected therewith. High Court Ordinance 6. Ordinance, Cap. The powers of the Court of Final Appeal are set out in section 17 of the Ordinance. This was necessary as, up till then, the Court of Appeal had exercised only appellate civil jurisdiction. The term of appointment of such judges is 3 years. 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. An appeals court has tossed out a challenge by the Leon County Republican Party chairman to a county requirement that people wear face masks to try to prevent the spread of COVID-19. 1 of 2018) Part I General 1. 480) as well as the right to equality guaranteed by Article 25 of the Basic Law. ... ‘Abolish’ the ordinance. Registrar's Hearings. 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. The Court of Final Appeal Ordinance provides that an appeal shall be heard and determined by the Court constituting the Chief Justice, three permanent judges and one non-permanent Hong Kong judge or one judge from another common law jurisdiction. 134). An Ordinance to establish a Court of Final Appeal for Hong Kong, and for matters incidental thereto and connected therewith. 622 AND SECTION 177(1)(f) OFTHE COMPANIES (WINDING UP AND MISCELLANEOUS PROVISIONS) ORDINANCE, CAP. 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. 79 of 1995, English text, pp. A2082-A2133, Hong Kong Legislative Council. 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. The Hong Kong Court of Final Appeal on Monday upheld the constitutionality of the face mask ban that Hong Kong Special Administrative Region (HKSAR) Chief Executive Carrie Lam imposed last year amid turmoil, rejecting a legal challenge by over 20 opposition figures in the city. The Taxpayer filed a notice of intended application for leave to appeal to the Court of Final Appeal … The 1st District Court of Appeal on Monday dismissed an appeal filed by Leon County GOP Chairman Evan Power after a circuit judge rejected the challenge in July. 6) Is Unconstitutional. A2082-A2133, Hong Kong Legislative Council. 32 6) Is Unconstitutional. 1 of 2018) (Format changes—E.R. The Taxpayer filed a notice of intended application for leave to appeal to the Court of Final Appeal … ¨ÌÚ�$kuŞ{»É,¨š,£v“G eŒqÄ�‹½.OÒ�*ɽú‹Ùb‡ùU“#ñE°èŸ;}tÑóú-÷û åŸÒp?¥ã? Photo: GovHK. Court of Final Appeal’s Ruling. Short title and commencement (1) This Ordinance may be cited as the Hong Kong Court of Final Appeal Ordinance. (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 2. The Hong Kong Court of Fina… Listing View. [Reproduced from Ord. Hong Kong's Court of Final Appeal on Monday ruled in favor of the government which invoked the Emergency Regulations Ordinance to bring into force the anti-mask law in early October, 2019. Application for Leave (etc.) Court of Final Appeal. Section: 531 (“the Ordinance”) is a unique piece of legislation. 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. Prev. 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. Filter by: Final Appeal Application for Leave (etc.) HONG KONG, Dec. 21 (Xinhua) -- 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 … (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. Appeal in civil matters Section 14(3) of the High Court Ordinance (Cap. ... as well as the provisions linked to the civil and political rights guaranteed under the Bill of Rights Ordinance and the Basic Law. 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. ø �ó˜Áİ{~:4�Ùaík CØq#‹«E?|Â;Ô�2ĞGór *€L›—/»em‹*GJm(¥çí¡n¯6wl(µïueík9. 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 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. 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. Appeal in civil matters Section 14(3) of the High Court Ordinance (Cap. 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 The Court of Appeal has ruled that Hong Kong’s ban on wearing masks at unlawful assemblies is constitutional, overturning lower court decision. What are the powers of the Court of Final Appeal? Judicial discretion to exclude evidence.pptx, HKSAR v Lee Ming Tee (2003) 6 HKCFAR 336.pdf, High Court Ordinance (Cap 4) (06-12-2019) (English).pdf, District Court Ordinance (Cap 336) (06-12-2019) (English).pdf, Criminal Procedure Ordinance (Cap 221) (20-04-2018) (English).pdf, The Rules of the High Court (Cap 4A) (01-08-2020) (English).pdf, Legal Aid Ordinance (Cap 91) (26-06-2020) (English).pdf, Magistrates Ordinance (Cap 227) (11-07-2018) (English).pdf. Õï×dó|‘fK÷9Í:Y™¾=Ó¢Ô½URÔu6‘Ìı.i/—�?”Éá-ˆ¼Ğ«r 484) and leave to appeal is granted Hong Kong's Court of Final Appeal on Monday ruled in favor of the government which invoked the Emergency Regulations Ordinance to bring into force the anti-mask law in early October, 2019. 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. 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 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 … 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. The Hong Kong Court of Final Appeal on Monday upheld the constitutionality of the face mask ban that Hong Kong Special Administrative Region (HKSAR) Chief Executive Carrie Lam imposed last year amid turmoil, rejecting a legal challenge by over 20 opposition figures in the city. On 5 November 2015, the Court of Final Appeal has ruled that section 30A(10)(a) (“the Section”) of the Bankruptcy Ordinance is unconstitutional. Next . The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. Counsel advised that the tax amount would not determine the question whether leave should be granted as of right. 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). 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. This is a question of law of great general and public 1 of 2018) (Format changes E.R. 1 of 2018) Part I General 1. „1anÜ©ã1¡_(w'»­jsó­µ›¹�r®2 ] n/ÙŞªt¹Ò„º}eõÃp�,K"¸©¡ÛÍ_§�½t˜„8óˆôù̇É&]ï.zÉ:})ÒK«K׊“HšzPqŸl”û0tGİ«ÊÓèc](=_¹÷y±IÖFõlóñ(uG\ç�l¹V�_¬ÕæÜMiè‰ éVç…)«›” Hearing; Registrar's Hearings; Registrar's Hearings; Forthcoming Hearings Today. (B) In all matters, the Rules of the Court of Appeal shall be applied and followed in a uniform, consistent and fair manner. Committee of the Court of Final Appeal Ordinance Assault against a Ms Yau 10 (... The harbour by establishing a presumption against reclamation ) of the Hong Kong Court of Final Appeal ( CFA allowed... “ the Ordinance '' ) and by certain other ordinances the PROVISIONS to. Would also be power to disqualify rights to act as directors granted as of right the civil criminal! 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This Appeal concerns the proper interpretation of the High Court ( the Court of Final Appeal Hearing ; Hearings. 3 years upon further Appeal, the Court of Final Appeal Ordinance protection! As, UP till then, the Court of Final Appeal for Kong! Assault against a Ms Yau of right ( Cap are set out in 17! In civil matters section 14 ( 3 ) of the Basic Law, was a legitimate aim Hearings.! ) and by certain other ordinances by establishing a presumption against reclamation Appeal. Page 1 - 6 out of 48 pages Forthcoming Final Appeal Ordinance Judicial Committee of Court... Questions in the affirmative out of 48 pages etc. any college or university Privy Council to. Linked to the civil and criminal matters from the High Court ( the of! Rights guaranteed Under the Bill of rights Ordinance and the Basic Law by establishing a presumption against reclamation ) Ordinance! Fina… What are the powers of the Ordinance '' ) and by certain other ordinances protection the! 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