-2-
A
2.
B
A
By Notice of Motion dated 1 March 2013, the applicant
applies for leave to appeal to the Court of Final Appeal against our
C
Judgment of 1 February 2013.
D
3.
Application for leave to appeal to the Court of Final Appeal in
B
C
D
civil matters is governed by section 22 of the Hong Kong Court of Final
E
Appeal Ordinance, Cap. 484. Section 22(1)(a) and (b), which are directly
F
relevant to this application, provide:
“(1) An appeal shall lie to the Court—
(a) as of right, from any final judgment of the Court of
Appeal in any civil cause or matter, where the matter
in dispute on the appeal amounts to or is of the value
of $1000000 or more, or where the appeal involves,
directly or indirectly, some claim or question to or
respecting property or some civil right amounting to
or of the value of $1000000 or more;
(b) at the discretion of the Court of Appeal or the Court,
from any other judgment of the Court of Appeal in
any civil cause or matter, whether final or
interlocutory, if, in the opinion of the Court of
Appeal or the Court, as the case may be, the question
involved in the appeal is one which, by reason of its
great general or public importance, or otherwise,
ought to be submitted to the Court for decision;”
G
H
I
J
K
L
M
N
4.
R
G
H
I
J
K
L
M
Our judgment of 1 February 2013 is an interlocutory judgment
and does not involve a claim or question to or respecting property or some
Q
F
N
O
P
E
right that amounts to HK$1 million or more. Section 22(1)(a) therefore
O
P
does not apply.
Q
5.
As to section 22(1)(b), which is a matter of discretion, it has to
R
be shown that that the question involved in the appeal is one, which by
S
T
reason of its great general or public importance, or otherwise, ought to be
submitted to the Court of Final Appeal.
S
T
U
U
V
V