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| Item No. | Recommendations | Rules Affected | Amendment Rules | ||||
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| 72. | 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. |
RHC Order 59 N.B. HCO section 14 and section 34B and new section 14AA; DCO section 63; LTO section 11; and Employees' Compensation Ordinance ("ECO") section 23 also affected. See Item Nos. 16-20 of Annex C. |
Rules 122-123 | ||||
| 73. | 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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