KHO SIN TEK HENRY v. LEGAL AID SERVICES COUNCIL

cacv 46/2007

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 46 of 2007

(on appeal from hcal NO. 83 of 2006)

________________________

BETWEEN

	KHO SIN TEK HENRY	Applicant
	and
	LEGAL AID SERVICES COUNCIL	Respondent

________________________

Before: Hon Rogers VP, Le Pichon JA and Stone J in Court

Date of Hearing: 28 May 2008

Date of Judgment: 28 May 2008

Date of Handing Down Reasons for Judgment: 19 June 2008

 

________________________

REASONS FOR JUDGMENT

________________________

 

Hon Rogers VP:

1.  This was an application for leave to appeal to the Court of Final Appeal.

2.  The appeal heard by this court was an appeal from a decision of Madam Justice Chu given on 11 December 2006 whereby the applicant’s application for judicial review of the decision of the Legal Aid Services Council not to provide him with a counsel’s certificate on the merits of an intended appeal to the Court of Final Appeal was refused.  The applicant simply submitted that leave should be given under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484.

3.  In view of the fact that no new arguments had been advanced, and in the light of this court’s judgment given on 18 January 2008, the application for leave was refused with costs, as this court could not see any grounds for giving leave.

4.  The somewhat convoluted history of these proceedings is set out in the admirable judgment of Madam Justice Chu.  Since then, the applicant has not provided any basis upon which it could be said that that judgment was in error.  This case is an example of why it is necessary that there must be some end to litigation.

Hon Le Pichon JA:

5.  I agree.

Hon Stone J:

6.  I agree.

(Anthony Rogers) Vice-President

(Doreen Le Pichon) Justice of Appeal

(William Stone) Judge of the Court of First Instance

 

The Applicant in person (present)

Mr Kwok Sui Hay, instructed by Messrs Fred Kan & Co., for the Respondent

 

cacv 46/2007

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 46 of 2007

(on appeal from HCAL NO. 83 of 2006)

______________________

BETWEEN

	KHO SIN TEK HENRY	Applicant
	and
	LEGAL AID SERVICES COUNCIL	Respondent

______________________

 

Before : Hon Rogers VP, Le Pichon JA and Stone J in Court

Date of Hearing : 18 January 2008

Date of Judgment : 18 January 2008

 

______________________

J U D G M E N T

______________________

 

Hon Rogers VP:

1.  This is an appeal from a decision of Madam Justice Chu given on 11 December 2006 whereby the judge refused an application for judicial review.

2.  The application was based on the decision of the Legal Aid Services Council, which had refused to finance the payment of counsel’s fees to provide a certificate which would have been required because the applicant wished to apply for legal aid to appeal to the Court of Final Appeal.  Such a certificate by counsel is required under section 26A(3) of the Legal Aid Ordinance.

3.  In my view, the matters in this case have been admirably set out at considerable length by the judge below, who has dealt with all the arguments that have been advanced and has come to the correct conclusion that, in this case, there should be no judicial review.

4.  In those circumstances, I see no grounds for this appeal whatever, and this appeal falls to be dismissed.

 

Hon Le Pichon JA:

5.  I agree.

 

Hon Stone J:

6.  I also agree.

 

Hon Rogers VP:

7.  Appeal dismissed with costs.

 

 

(Anthony Rogers) Vice-President

(Doreen Le Pichon) Justice of Appeal

(William Stone) Judge of the Court of First Instance

 

The Applicant/Appellant in person

Mr Kwok Sui-hay, instructed by Messrs Fred Kan & Co., for the Respondent/Respondent