有關陳海瀅的事宜

有關陳海瀅的事宜

The Court refused permission for an out‑of‑time appeal because the applicant’s nearly 20‑month delay was unexplained and unjustified given evidence of service; the proposed appeals had no real prospect of success because the earlier orders were superseded and thus moot, and the complaints principally raised private...

Source-derived case information.

Citation
[2019] HKCA 74
Parties
Applicant: Chan Hoi-ying; Respondent: Kowloon City Magistrate Chen Wai-man; Hong Kong Police Force; Social Welfare Department; Queen Elizabeth Hospital; Po Leung Kuk (collectively: proposed respondents)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 January 2019
Case Number
CAMP132/2018
Procedural Posture
Application for Permission to File Out of Time Appeal Against Refusal of Judicial Review Permission / Application for Leave to Appeal Filed 7 September 2018 (out of Time)
Outcome
Application for permission to file out‑of‑time appeal refused; summons dismissed; original restriction order upheld.
Legal Topics
Judicial Review, Extension of Time for Appeal, Abuse of Process / Restriction Order, Service of Process, Private Law Torts Vs Public Law Remedies
Source Language
ch
Administrative Law Civil Procedure Public Law Child Protection Law Judicial Review Extension of Time for Appeal Abuse of Process / Restriction Order Service of Process +1 more

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Parties

Chan Hoi-ying

Applicant

Kowloon City Magistrate Chen Wai-man; Hong Kong Police Force; Social Welfare Department; Queen Elizabeth Hospital; Po Leung Kuk (collectively: proposed respondents)

Respondent

Procedural Posture

Application for Permission to File Out of Time Appeal Against Refusal of Judicial Review Permission / Application for Leave to Appeal Filed 7 September 2018 (out of Time)

  1. 1 Whether to grant permission to file an out‑of‑time appeal against refusal of leave for judicial review
  2. 2 Whether the original refusal of judicial review permission was correct on its merits
  3. 3 Whether the applicant’s proposed grounds are justiciable public‑law grounds or private‑law tort claims outside judicial review

Ratio Decidendi

The Court refused permission for an out‑of‑time appeal because the applicant’s nearly 20‑month delay was unexplained and unjustified given evidence of service; the proposed appeals had no real prospect of success because the earlier orders were superseded and thus moot, and the complaints principally raised private law torts unsuitable for judicial review; the original judge correctly imposed a restriction order to prevent continued abuse of process.

Court Disposition

Application for permission to file out‑of‑time appeal refused; summons dismissed; original restriction order upheld.

Orders

  • Permission to file out‑of‑time appeal refused
  • Summons dismissed