何毓桓 對 懲教署署長

何毓桓 對 懲教署署長

Application for extension of time and for leave to appeal was refused because the applicant's delay (about 1.5 months) was non-trivial, the proposed grounds offered no real prospect of success (new evidence failed Ladd v Marshall, disciplinary and regime decisions were within the Commissioner's lawful discretion and...

Source-derived case information.

Citation
[2022] HKCA 1340
Parties
Applicant: 何毓桓; Respondent: 懲教署署長
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 September 2022
Case Number
CACV128/2020
Procedural Posture
Civil Appeal (judicial Review / Constitutional & Administrative) / Application for Leave to Appeal to Court of Final Appeal and Extension of Time
Outcome
Application for leave to appeal to the Court of Final Appeal refused; application for extension of time refused; motion dismissed; costs ordered against applicant.
Legal Topics
Leave to Appeal, Extension of Time, Discretionary Administrative Decisions, Admission of Fresh Evidence, Ladd V Marshall Test, Prisoner Rights, Procedural Fairness
Source Language
ch
Administrative Law Constitutional Law Prison Law Civil Procedure Judicial Review Leave to Appeal Extension of Time Discretionary Administrative Decisions +4 more

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Parties

何毓桓

Applicant

懲教署署長

Respondent

Procedural Posture

Civil Appeal (judicial Review / Constitutional & Administrative) / Application for Leave to Appeal to Court of Final Appeal and Extension of Time

  1. 1 whether to grant extension of time to apply for leave to appeal to the Court of Final Appeal
  2. 2 whether the proposed appeal raises issues of wide public importance under Cap 484 s22(1)(b)
  3. 3 whether purported new evidence meets the Ladd v Marshall test

Ratio Decidendi

Application for extension of time and for leave to appeal was refused because the applicant's delay (about 1.5 months) was non-trivial, the proposed grounds offered no real prospect of success (new evidence failed Ladd v Marshall, disciplinary and regime decisions were within the Commissioner's lawful discretion and not irrational, and procedural complaints did not demonstrate prejudice), and no issue of wide public importance was shown under Cap 484 s22(1)(b); consequently the motion was dismissed and extension denied.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; application for extension of time refused; motion dismissed; costs ordered against applicant.

Orders

  • Motion for leave to appeal to the Court of Final Appeal dismissed.
  • Application to extend the time for filing the leave to appeal motion refused.