KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS
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FAMV No. 13 of 2016
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 13 OF 2016 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV 57 OF 2014)
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BETWEEN
| KWOK CHEUK KIN | Applicant | |
| and | ||
| SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS | Respondent |
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| Appeal Committee: Chief Justice Ma, Mr Justice Tang PJ and Mr Justice Fok PJ |
| Date of Hearing and Determination: 29 September 2016 |
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DETERMINATION
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The Appeal Committee:
1. Leave is granted on the following question of great general or public importance:
Is section 39(2A) of the Legislative Council Ordinance, Cap.542 inconsistent with Article 26 of the Basic Law of the Hong Kong Special Administrative Region and/or Article 21 of the Hong Kong Bill of Rights, and therefore unconstitutional?
2. The appeal will be heard on 20 June 2017.
| (Geoffrey Ma) Chief Justice | (Robert Tang) Permanent Judge | (Joseph Fok) Permanent Judge |
Mr Hectar Pun SC and Mr Newman Lam, instructed by Ho Tse Wai and Partners, assigned by Director of Legal Aid, for the Applicant
Mr Johnny Mok SC and Mr Jin Pao, instructed by the Department of Justice, for the Respondent