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Hong Kong decisions
Decisions matching the current search
The Court of Appeal refused leave to appeal to the Court of Final Appeal in a non-refoulement claim, finding no question of public importance or prospect of success.
The Court of Appeal allowed the defendant’s applications to extend time for leave-to-appeal steps, preferring an informed decision after reasons were handed down.
The Court of Appeal refused out-of-time leave to appeal sentence for two drug-trafficking appellants, holding they were not “in the system” for revised guidelines.
The Court of Appeal dismissed an applicant’s non-refoulement appeal, holding he identified no arguable error in the refusal of leave to seek judicial review.
The Court allowed the prosecution's appeal: the trial judge erred by fragmenting and undervaluing the cumulative effect of the visual evidence, apparel/equipment and conduct; applying the clarified authorities, the totality of the evidence provided the only reasonable inference that the respondent participated in the unlawful assembly and that he was present wearing a face covering; the acquittals on counts 1 (unlawful assembly) and 9 (use of face covering in an unlawful assembly) were therefore set aside and the matter remitted for the trial to resume before the trial judge.
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The application was refused because the matters raised are essentially factual disputes previously considered and determined at trial and on appeal and do not involve a point of law of great and general importance as required by s32(2) of the Court of Final Appeal Ordinance.
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Because the court accepted the 'time factor' applied (the appellants would likely have served their sentences before a substantive appeal hearing), it applied the reasonable‑arguability standard and found that each applicant raised arguable grounds (including challenges to PW2's credibility and to admissibility/weight of documentary evidence). On that basis the court granted bail pending appeal to D4, D14 and D15.
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Court of Appeal refused an extension of time to appeal in a non-refoulement judicial review matter, finding no reasonable explanation for delay and no arguable error below.
The Court of Appeal refused renewed leave to appeal against a child-relocation order to Canada, rejected fresh evidence, and declined any interim stay.
The Court of Appeal dismissed an application for leave to appeal to the Court of Final Appeal, finding no question of general public importance or arguable error.
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