KWOK CHEUK KIN V. DIRECTOR OF LANDS AND OTHERS V. HEUNG YEE KUK (INTERESTED PARTY) (and 2 others)

[2021] HKCFA 27 Court of Final Appeal 23 July 2021 • FAMV204/2021; FAMV205/2021; FAMV206/2021 • 21 min read
8 cases cited (0 SG, 8 foreign)

Practice Areas

Hong Kong Court of Final Appeal Ordinance Legal Aid Ordinance

Judges (1)

Fok Coram

Counsel (12)

Department of Justice Firm Ho Tse Wai & Partners Firm TK Tsui & Co Firm Anthony Chan Counsel Respondent Benjamin Yu Counsel Respondent Danny Tang Counsel Interested Party Isabel Tam Counsel Applicant Jat Sew-Tong Counsel Interested Party Jeffrey Tam Counsel Applicant Jin Pao Counsel Interested Party Martin Lee Counsel Applicant Mok Yeuk-Chi Counsel Respondent

Parties (6)

Chief Executive in Council Respondent Director of Lands Respondent Secretary for Justice Respondent Heung Yee Kuk Interested Party Kwok Cheuk Kin Applicant Lui Chi Hang, Hendrick Applicant

Summary

Kwok Cheuk Kin applied for leave to appeal to the Court of Final Appeal in the Small House Policy judicial review proceedings, seeking a waiver of the security requirement given his bankruptcy. The Court considered the proper conditions for granting leave to appeal, including security for costs. The application was dealt with on procedural matters regarding the terms of leave.

Statutes Cited

Hong Kong Court of Final Appeal Ordinance
s 25(2)(a)
Legal Aid Ordinance
s 26A

Cases Cited (8)

UK (1)
[2018] 1 All ER 721
HK (7)
(2014) 17 HKCFAR 841 (2015) 18 HKCFAR 283 [2019] 1 HKC 551 [2019] HKCFI 867 [2021] HKCA 54 [2021] HKCA 590 [2021] HKCA 915

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2021] HKCFA 27)