Is 'Final' Really Final?

Abstract

Recently, the Appeal Committee of the Hong Kong Court of Final Appeal raised the question of whether that court had the power to hear an appeal against a decision of the Court of Appeal. The decision in question concerned a judgment of professional misconduct against an accountant by a disciplinary committee under the Professional Accountants Ordinance. The ordinance clearly states that the decision of the Court of Appeal is final. This article examines whether the Court of Final Appeal has the constitutional jurisdiction to hear appeals against Court of Appeal decisions. The author concludes that for appeals that are statutory in nature, if the relevant statute specifically excludes appeals to the Court of Final Appeal then that court has no jurisdiction to hear any such appeal.