梁志文 對 香港特別行政區政府

梁志文 對 香港特別行政區政府

Permission to appeal out of time was refused because the proposed appeal had no real prospect of success: the grounds merely repeated previously rejected arguments without addressing the judge's reasons, and the civil claim impermissibly sought to challenge criminal convictions that remain unoverturned, constituting...

Source-derived case information.

Citation
[2022] HKCA 458
Parties
Applicant: 梁志文; Respondent: 香港特別行政區政府
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 March 2022
Case Number
CAMP227/2021
Procedural Posture
Application for Permission to Appeal (extension of Time) / Determination on Application (judgment on Papers)
Outcome
Application for permission to appeal out of time refused; summons filed 22 June 2021 dismissed; costs awarded to respondent.
Legal Topics
Leave to Appeal, Extension of Time, Abuse of Process, Malicious Prosecution, Striking Out, Costs
Source Language
ch
Civil Procedure Criminal Law Leave to Appeal Extension of Time Abuse of Process Malicious Prosecution Striking Out Costs

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Parties

梁志文

Applicant

香港特別行政區政府

Respondent

Procedural Posture

Application for Permission to Appeal (extension of Time) / Determination on Application (judgment on Papers)

Legal Issues

  1. 1 Whether to grant permission to appeal out of time
  2. 2 Whether the proposed appeal has a real prospect of success
  3. 3 Whether the plaintiff's civil claims improperly seek to challenge unoverturned criminal convictions

Ratio Decidendi

Permission to appeal out of time was refused because the proposed appeal had no real prospect of success: the grounds merely repeated previously rejected arguments without addressing the judge's reasons, and the civil claim impermissibly sought to challenge criminal convictions that remain unoverturned, constituting an abuse of process; accordingly the summons was dismissed and costs were ordered.

Court Disposition

Application for permission to appeal out of time refused; summons filed 22 June 2021 dismissed; costs awarded to respondent.

Orders

  • Refused permission to appeal out of time
  • Dismissed the summons filed 22 June 2021