Lau Kong Yung v The Director Of Immigration

Judgment Date25 June 1999
Judgement NumberCACV109/1999
CourtCourt of Appeal (Hong Kong)
CACV000109A/1999 LAU KONG YUNG v. THE DIRECTOR OF IMMIGRATION

CACV000109A/1999

CACV 108/99 & 109/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NOS. 108 & 109 OF 1999

(On Appeal From HCAL Nos. 20 & 21 Of 1999)

______________

BETWEEN
LAU KONG YUNG (an infant suing by his father and next friend LAU YI TO) and 16 others Applicants
(Respondents)
AND
THE DIRECTOR OF IMMIGRATION Respondent
(Applicant)

______________

Coram : Hon. Nazareth, Ag. CJHC, Mortimer, V-P and Rogers, J.A. in Court

Date of Hearing : 25 June 1999

Date of Decision : 25 June 1999

_______________

D E C I S I O N

_______________

Nazareth, Ag. CJHC (Giving the decision of the Court)

1. We have considered counsels' submissions. We do not find it necessary to go beyond the first question. It is plainly a question of great general and public importance.

2. Miss Ng resists the application on the ground that there is really no question here. She relies on the case of Thornton v. The Police [1962] A.C. at 339. What Miss Ng is submitting is that the judgments are so plainly right in point that there can be no question about them. However section 22(b) of the Hong Kong Court of Final Appeal Ordinance provides that:

"An appeal shall lie to the Court at the discretion of the Court of Appeal, if, in the opinion of the Court of Appeal, the question involved in the appeal is one which, by...

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