Hong Kong Ordinances

HONG KONG COURT OF FINAL APPEAL ORDINANCE - SECT 27D

Leave to appeal

(1) Where in any proceedings a judge grants a certificate under section 27C,
any of the parties to the proceedings may make an application to the Court for
leave to appeal by way of a notice of motion at any time within-

   (a)  28 days from the date on which that certificate is granted; or

   (b)  such extended time as in any particular case the Court may allow.

(2) Subject to subsection (4), if on an application made under this section it
appears to the Court to be expedient to do so, the Court may grant leave for
an appeal to be brought directly to the Court; and where leave is granted
under this section-

   (a)  no appeal from the decision of the judge to which the certificate
        relates shall lie to the Court of Appeal, but

   (b)  an appeal shall lie from that decision to the Court.

(3) Applications under this section shall be determined by the
Appeal Committee, with or without a hearing.

(4) Without prejudice to subsection (2), no appeal shall lie to the
Court of Appeal from a decision of the judge in respect of which a certificate
is granted under section 27C until-

   (a)  the time within which an application can be made under this section
        has expired; and

   (b)  where such an application is made, that application has been
        determined. (Added 11 of 2002 s. 4)