NG CHUN KEUNG v. COMMISSIONER OF CORRECTIONAL SERVICES

NG CHUN KEUNG v. COMMISSIONER OF CORRECTIONAL SERVICES

Because the intended appeal had no reasonable prospect of success (as concluded by reference to the reasons in CACV 277/2009), the court refused to grant an extension of time despite the short delay caused by late receipt of the legal aid application.

Citation
NG CHUN KEUNG v. COMMISSIONER OF CORRECTIONAL SERVICES
Parties
Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 March 2010
Case Number
HCMP204/2010
Procedural Posture
Application for Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review / Decision (application Heard, Extension Refused)
Outcome
Application for leave to appeal out of time dismissed
Legal Topics
Extension of Time to Appeal, Leave to Apply for Judicial Review, Reasonable Prospect of Success, Legal Aid Delay, Remission Loss
Source Language
EN
Administrative Law Judicial Review Civil Procedure Prison Law Extension of Time to Appeal Leave to Apply for Judicial Review Reasonable Prospect of Success Legal Aid Delay +1 more

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Parties

Respondent

Respondent

Procedural Posture

Application for Extension of Time to Appeal Against Refusal of Leave to Apply for Judicial Review / Decision (application Heard, Extension Refused)

Legal Issues

  1. 1 Whether to grant an extension of time to appeal
  2. 2 Whether the proposed appeal has a reasonable prospect of success
  3. 3 Whether short administrative delay (late receipt of legal aid application) justifies extension

Ratio Decidendi

Because the intended appeal had no reasonable prospect of success (as concluded by reference to the reasons in CACV 277/2009), the court refused to grant an extension of time despite the short delay caused by late receipt of the legal aid application.

Court Disposition

Application for leave to appeal out of time dismissed

Orders

  • Application for leave to appeal out of time dismissed