IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 326 OF 2003
(ON APPEAL FROM DCCJ NO. 3054 OF 2002)
Before: Hon Rogers VP, Le Pichon JA and Hartmann J in Court
Date of Hearing: 24 November 2004
Date of Judgment: 24 November 2004
J U D G M E N T
Hon Rogers VP:
1. On this application, Mr Jaw has represented himself. He seeks leave to appeal to the Court of Final Appeal from a judgment of thiscourt which was given on 3 September, with reasons handed down on 8 September.
2. The points which he has sought to raise are the same points, essentially, which were raised in this court and, for that matter, inthe court below. For the reasons which we have given in the judgment of this court and in the judgment of the court below, thesepoints do not have legal merit.
3. In any event, because of the size of the claim, it being less than $1 million, in order for leave to be given, it is necessary forthe proposed appellant to show that the questions involved ought to be submitted to the Court of Final Appeal by reason of theirgreat general public importance. The questions which were sought to be raised in this case are specific to this case, and this casealone, and are not matters of great or general public importance.
4. For those two reasons, I do not consider that this court should grant leave to appeal to the Court of Final Appeal
Hon Le Pichon JA:
5. I agree.
Hon Hartmann J:
6. I agree.
Hon Rogers VP:
7. The application is dismissed, with costs.
The Plaintiff/Applicant in person (present)
Mr Bernard Man, instructed by Messrs Simmons & Simmons for the Defendant/Respondent