Hong Kong Regulations

ADMINISTRATIVE APPEALS RULES - RULE 13

Case stated

(Past version on 30/06/1997).

Amendments retroactively made - see 26 of 1998 s. 44

(1) In any appeal the Chief Executive in Council may in his discretion direct
a case to be stated for the opinion of the Court of Appeal on any question of
law involved in any appeal submitted to him.

(2) The terms of any such case shall be agreed upon by the parties concerned,
or, in the event of their failure to agree, shall be settled by the Court of
Appeal.

(3) The Court of Appeal shall hear and determine the question of law arising
on any case stated as aforesaid, and shall remit the matter to the Chief
Executive in Council who shall give effect by order to the finding of the
court. The costs of such hearing before the Court of Appeal shall be in the
discretion of the Court of Appeal.

(4) Any party to the appeal shall be entitled to be heard by counsel or in
person on the hearing before the Court of Appeal of any case so stated.

(92 of 1975 s. 59; 26 of 1998 s. 44)