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| Item No. | Recommendations | Statutory Provisions Affected | Relevant Clauses | ||||
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| 16. | Recommendation 110 Interlocutory appeals from the CFI judge to the Court of Appeal should be subject to a condition of leave to appeal save in relation to (i) defined classes of interlocutory decisions which are decisive of substantive rights; and (ii) certain other defined categories of decisions, including those concerning committal, habeas corpus and judicial review. |
HCO :
DCO :
LTO :
ECO :
N.B. RHC Order 59 also affected. See Item Nos. 72 and 73 of Annex H. |
Clauses 24-26 Clause 27 Amendments along similar lines as those to HCO to be incorporated Amendments along similar lines as those to HCO to be incorporated |
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| 17. | Recommendation 111 Where leave to appeal is required, the court should have power to limit the grant of such leave to particular issues and to grant leave subject to conditions designed to ensure the fair and efficient disposal of the appeal. |
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| 18. | Recommendation 112 A procedure designed to avoid separate oral hearings of applications for leave to appeal should be adopted, generally requiring any application before the CFI judge to be made at the original hearing and, if refused, for any further application for leave to be made in writing and usually dealt with by the Court of Appeal comprising two Justices of Appeal, on the papers and without an oral hearing. Where considered necessary, the Court of Appeal should be able to direct that there be an oral hearing before the original two judges or before a panel of three judges. |
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| 19. | Recommendation 113 A refusal of leave to appeal by the Court of Appeal in relation to such purely interlocutory questions should be final. Where, however, the Court of Appeal hears the appeal, it should be open to the parties to apply for leave to appeal to the Court of Final Appeal in accordance with section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance. |
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| 20. | Recommendation 115 Leave to appeal from the CFI judge to the Court of Appeal should only be granted where the court considers that the appeal would have a reasonable prospect of success or that there is some other compelling reason why the appeal should be heard. |
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