15
Sun Ching-yee v Wong Shum, Action No 5808 of 1986, Hooper J (in chambers) (prohibition orders): see p. 9 above.
RIGHT TO A FAIR TRIAL IN CIVIL PROCEEDINGS (ARTICLE 10)
Fair and public hearing before a competent, independent and impartial tribunal in the determination of one's rights and obligations in a suit at law
de Kantzow v The Appeal Tribunal, Civ App No. 53 of 1991 (appeal from the judgment of 7 February 1991 of Bokhary J in High Court, MP No 3193 of 1990),
The background to this case is described in the Bill of Rights Bulletin, v. 1, n. 1, p. 10. On 8 October 1991 the Court of Appeal allowed the appeal against the decision of Bokhary J on the ground that the original appeal to the Building Tribunal against the decision of the Building Authority had been lodged out of time. The Court did not deal with the Bill of Rights issues. The only comment which touched on the Bill of Rights was made by of Kempster JA, who expressed the view (at p. 4 of the judgment) that, although he did not accept that there was any appealable error in the judge's conclusion that an oral hearing before the Tribunal had been necessary in the present case:
This does not mean that the Tribunal, in appropriate circumstances and insofar as the legislation meets the requirements of the Bill of Rights Ordinance, may not refuse an oral hearing where is it apparent that an ostensible dispute as to matters of fact is without substance.
Counsel: A. Ismail (instructed by Kao, Lee & Yip), for the applicants; V. Hartstein, for the Appeal Tribunal.
Moneylenders Ordinance (cap. 163), section 10B (a); rules of evidence, fair trial
Re Rich Sir Ltd, EMP No. 387/1991, decision of 27 August 1991, C. Morley Esq, Magistrate and two Assessors
This case was noted in the Bill of Rights Bulletin, v.1, n.1, p. 10. The appeal from the decision of the Licensing Court has not yet been heard.
In the Matter of an Application for leave to Apply for Judicial Review by Jenny Chua Yee Yen, MP No 2325 of 1991
This case involves an application for leave to apply for judicial review of, inter alia, a decision of the Hong Kong Polytechnic requiring the applicant to withdraw from a diploma course in hotel and catering management. (For further details see Bill of Rights Bulletin, v.1, n.1, p. 12). The matter has not yet been heard.
Bill of Rights Bulletin
December 1991