THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION v. SECRETARY FOR JUSTICE
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FAMV No.19 of 2010
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 19 OF 2010 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 18 OF 2007)
_____________________
Between:
| THE CATHOLIC DIOCESE OF HONG KONG ALSO KNOWN AS THE BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION | Applicant (Applicant) | |
| - and - | ||
| SECRETARY FOR JUSTICE | Respondent (Respondent) |
| _____________________ |
| Appeal Committee: | Chief Justice Ma, Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ |
| Date of Hearing: Date of Determination: | 13 December 2010 13 December 2010 |
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D E T E R M I N A T I O N
________________________
Chief Justice Ma:
1. We are satisfied that leave to appeal should be granted on the following question:
Are the provisions of sections 40BK(2) & (3)(a) and 40BU(2) & (3) of the Education Ordinance, Cap. 279, inconsistent with Article 136(1) and/or Article 137(1) and/or Article 141(3) of the Basic Law and therefore unconstitutional?
| (Geoffrey Ma) | (Kemal Bokhary) | (R A V Ribeiro) |
| Chief Justice | Permanent Judge | Permanent Judge |
Mr Martin Lee SC, Mr Erik Shum and Mr Hectar Pun (instructed by Messrs Wong, Hui & Co.) for the applicant
Mr Bernard Man (instructed by the Department of Justice) for the respondent