Guide Hong Kongs Court of Final Appeal

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Contents

  1. Donald Tsang cleared of misconduct on appeal | Hong Kong | China Daily
  2. Court of Final Appeal (Hong Kong)
  3. Malice and Fair Comment in the Hong Kong Court of Final Appeal – Again

Donald Tsang cleared of misconduct on appeal | Hong Kong | China Daily

This change applies to Court of Appeal final judgments whether pronounced orally or in writing made on or after 24 December This will allow the Court of Appeal and Court of Final Appeal to look at all relevant circumstances of the case, including merits, in deciding whether leave to appeal should be granted. This will no doubt prevent unmeritorious appeals being brought and thereby save judicial time and resources.


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The Administration of Justice Miscellaneous Provisions Ordinance has also made some significant amendments to the Labour Tribunal Ordinance and its subsidiary legislation, with a view to improving the Labour Tribunal's operation. The Labour Tribunal Ordinance refers to the Labour Tribunal having jurisdiction to inquire into, hear and determine claims for " a sum of money ".

Court of Final Appeal (Hong Kong)

Amendments have been made to make it clear that jurisdiction extends to both claims for unliquidated damages i. The Tribunal now has a general power to order a party to give security for the payment of an award or order by payment of a sum onto the Tribunal or otherwise at any time during the proceedings or after a party has applied for review of an award or order, if the Tribunal considers it just and expedient to do so.

Additional information

Circumstances in which the Tribunal may order a party to give security include where it is satisfied that To enforce a Labour Tribunal award, a person had to obtain a certificate of the award from the Tribunal and then have it registered at the District Court. Once registered, it took effect as and could be enforced as a District Court judgment. Section 12 2 of the Labour Tribunal General Rules Cap 25A provided that the registration had to be made within 12 months after the award was made. Those not registered, could only be enforced by way of a separate claim in the Small Claims Tribunal, District Court or Court of First Instance, depending on the amount of the award or order in question.

The definition of " live television link " in section 79A of the Criminal Procedure Ordinance has been broadened so that for evidence-taking in criminal proceedings, suitable audio-visual facilities such as video conferencing facilities other than a closed circuit television system may now be adopted, subject to the Chief Justice's approval.


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Malice and Fair Comment in the Hong Kong Court of Final Appeal – Again

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