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Where the Court of Appeal grants leave to appeal and determines the interlocutory
appeal, it would remain open to the losing party to apply for leave to appeal to the
Court of Final Appeal pursuant to section 22(1)(b) of the Hong Kong Court of Final
Appeal Ordinance. If he is able
to satisfy the Court of Appeal or the Appeal
Committee "that the question involved in the appeal is one which, by reason of its
great general or public importance, or otherwise, ought to be submitted to the Court
for decision" the matter may properly proceed for determination at the highest level.
Recommendation 109: An appeal should lie as of right from the master to the
judge (whether from a decision on the papers or after a contested hearing) but
with the introduction of fresh evidence for the purposes of the appeal precluded
save in exceptional circumstances.
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.
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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