LEUNG CHUNG LAN LORRAINE v. MERCER (HONG KONG) LTD

HCMP 1117/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 1117OF 2017

(ON AN INTENDED APPEAL FROM HCLA NO 6 of 2017)

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JUDGMENT

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Hon Lam VP (giving the Judgment of the Court):

1.  By a summons of 12 May 2017, the Plaintiff seeks leave to appeal against the decision of L Chan J in HCLA 6 of 2017 on 10 May 2017. The decision of the judge was to refuse leave to appeal against the decision of the presiding officer of the Labour Tribunal in LBTC 695 of 2017 on 16 March 2017 dismissing her claim.

2.  Section 32(3) of the Labour Tribunal Ordinance Cap 25 provides that a refusal by the Court of First Instance to grant leave to appeal shall be final.

3.  Final means final.  Hence, this Court has no jurisdiction to entertain any appeal from such refusal of leave.

4.  For these reasons, the summons of 12 May 2017 is dismissed. 

5.  Further, we are of the view that the application is totally without merit and we make an order pursuant to Order 59 Rule 2A(8) that no party may request the determination to be reconsidered at an oral hearing inter partes.