Hong Kong Ordinances

HONG KONG COURT OF FINAL APPEAL ORDINANCE - SECT 27C

Grant of certificate

(1) Where on the application of any of the parties to any proceedings in
respect of which an appeal may lie under this Division the judge hearing the
application for a certificate is satisfied-

   (a)  that the relevant conditions are fulfilled in relation to a decision
        of the judge in those proceedings; and

   (b)  that a sufficient case for an appeal to the Court has been made out to
        justify an application for leave to bring such an appeal; and

   (c)  that all the parties to the proceedings consent to the grant of a
        certificate under this section, the judge, subject to the provisions
        of this Division, may grant a certificate to that effect.

(2) For the purposes of subsection (1)(a), the relevant conditions are
fulfilled in relation to a decision of the judge in any proceedings if a point
of law of great general or public importance is involved in that decision and-

   (a)  where that point of law does not relate wholly or mainly to the
        construction of the Basic Law, it must-

        (i)    relate wholly or mainly to the construction of an Ordinance or
               subsidiary legislation, and has been fully argued in the
               proceedings and fully considered in the judgment of the judge
               in the proceedings; or

        (ii)   be one in respect of which the judge is bound by a decision of
               the Court of Appeal or the Court in previous proceedings, and
               was fully considered in the judgments given by the
               Court of Appeal or the Court (as the case may be) in those
               previous proceedings; and

   (b)  where that point of law relates wholly or mainly to the construction
        of the Basic Law, it must be one in respect of which the judge is
        bound by a decision of the Court of Appeal or the Court in previous
        proceedings, and was fully considered in the judgments given by the
        Court of Appeal or the Court (as the case may be) in those previous
        proceedings.

(3) An application for a certificate under this section shall be made to a
judge within-

   (a)  14 days from the date on which the judgment is given; or

   (b)  such other longer period as may be prescribed by rules of court.

(4) The judge before whom an application for a certificate under this section
is made shall, as far as is practicable and convenient, be the trial judge in
the proceedings to which the application relates.

(5) No appeal shall lie against the grant or refusal of a certificate under
this section. (Added 11 of 2002 s. 4)