TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 49

טטט

t

GUVERNMENT HUUSE

HUNG KUNG

8:54

PHGE 28

law or,

CONFIDENTIAL

28:

if it still existed, would be applicable only

in

or

times of great upheavals Or political instability

uncertainty. Even where sucn ɑoctrine exists, 10 Only

applies to prevent a case which nas peen Iinally Getermined from being re-opened (e.g. by an appeal out of time) on the

technical ground that the judge who determined the case was

invalidly appointed or from collateral attacks where the

doctrine of res judicata applies.

Under Order 59, Rule 6 Jal

AND FURTHER TAKE NOTICE that the 2nd-named Applicant

intends to contend that the order of the learned Judge as to

costs, namely, that the Attorney General

Respondent do pay the 2nd-named

Applicant's

as Intervening

costs of all

proceedings herein to be taxed if not agreed to be limited to the

issue of the validity of the appointment of the said Peter John

Line should be varied to the effect that the sala limitation

should be deleted.

AND FURTHER TAKE NOTICE

Cross

that the 2nd-named Applicant

intends to apply to his Honourable Court for leave to appeal against the said order of costs made by the learned judge for an order that the Attorney General as intervening Respondent

do pay the 2nd-named Applicant's costs of all proceedings.

apply

AND FURTHER TAKE NOTICE that the 2nd-named Applicant will

the Court

to

Kespondent/appellant pay

Of Appeal for an

order

that

the

to the <na-named Applicant the COSTS

CONFIDENTIAL