SECRETARY FOR JUSTICE 訴 陸志榮

SECRETARY FOR JUSTICE 訴 陸志榮

Leave to appeal was refused because the applicant's grounds were speculative, in many respects novel and not raised below, and did not show a realistic prospect of success or other compelling reason to hear the appeal; the trial judge acted within proper case management and discretionary bounds; costs were awarded...

Source-derived case information.

Citation
[2024] HKCA 834
Parties
Plaintiff: Secretary for Justice; Defendant: Luk Chi Wing
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 September 2024
Case Number
CAMP134/2024
Procedural Posture
Leave to Appeal Application (recusal Refusal) / Interlocutory Application Decided on Papers (no Oral Hearing)
Outcome
leave to appeal refused; originating summons struck out; costs awarded to respondent
Legal Topics
Recusal, Judicial Bias, Leave to Appeal, Case Management, Contempt of Court, Costs
Source Language
ch
Criminal Law Procedure and Practice Judicial Recusal Appeal Recusal Judicial Bias Leave to Appeal Case Management +2 more

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Parties

Secretary for Justice

Plaintiff

Luk Chi Wing

Defendant

Procedural Posture

Leave to Appeal Application (recusal Refusal) / Interlocutory Application Decided on Papers (no Oral Hearing)

  1. 1 Whether leave to appeal should be granted against the judge's refusal to recuse
  2. 2 Whether the judge was demonstrably biased such that a fair-minded observer would conclude a real possibility of bias
  3. 3 Whether the proposed grounds consist of new evidence or arguments not raised below and thus unsuitable for appellate review

Ratio Decidendi

Leave to appeal was refused because the applicant's grounds were speculative, in many respects novel and not raised below, and did not show a realistic prospect of success or other compelling reason to hear the appeal; the trial judge acted within proper case management and discretionary bounds; costs were awarded to the respondent; and the filed originating summons was struck out.

Court Disposition

leave to appeal refused; originating summons struck out; costs awarded to respondent

Orders

  • Leave to appeal refused
  • The originating summons filed 23 July 2024 is struck out