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Hong Kong decisions
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The court dismissed an intervenor’s stay application and the plaintiffs’ bid to vary a costs order, while granting only a conditional interim stay pending a Court of Appeal application.
The application for leave to appeal conviction was refused because the trial judge rationally concluded the applicant's plea was voluntary and credible; the applicant failed to demonstrate specific counsel misconduct that rendered the plea involuntary, and there was no basis for appellate interference with the trial judge's credibility findings.
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The Court of Appeal dismissed an unparticularised application for leave to appeal to the Court of Final Appeal, finding no question of great general or public importance.
The Court of Appeal refused leave to appeal out of time against a 13 years 4 months sentence for cocaine trafficking and manufacturing, finding no reasonably arguable manifest excess.
The court accepted the trial judge's findings that the prosecution witnesses and video P1 were honest and reliable, that P1 showed the appellant cut in closely without signalling causing the other driver to brake, and that these facts established careless driving beyond reasonable doubt; accordingly the conviction was upheld.
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The court allowed the plaintiff to file the supplemental affidavit but refused the defendant's application to adduce fresh evidence because the defendant failed the primary Ladd v Marshall requirement of demonstrating that the evidence could not have been obtained with reasonable diligence before or during trial, and the proposed materials lacked sufficient importance/impact and credibility; accordingly the defendant's 17 January 2025 summons was dismissed and costs were awarded to the plaintiff in the sum of HKD133,000.
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The Court of Appeal dismissed an out-of-time motion for leave to appeal to the Court of Final Appeal, citing unexplained delay and no arguable point of public importance.
The Court of Appeal refused leave to appeal in a matrimonial ancillary relief dispute over beneficial ownership of properties and company shares, finding no arguable grounds.
The court dismissed a plaintiff’s applications for leave to appeal and to vary costs orders, holding the consent order did not bar other routes to set aside an irregular default judgment.
Recorder Jin Pao SC refused a recusal application, holding that his remote and limited prior role as counsel did not create apparent bias.
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