Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Cfa rules r.78 and r.8

Legal area

Court

20 Dec 2017

SECRETARY FOR JUSTICE v. KWOK YIU CHEONG

Citation

SECRETARY FOR JUSTICE v. KWOK YIU CHEONG
Court

Court of Final Appeal
Case number

FAMC46/2017

The Appeal Committee refused the applicants' summonses because, despite available power to hear related appeals together, the circumstances did not make it just and convenient: the appeals arose from distinct factual incidents, leave to appeal in these cases was not granted, the Wong Chi Fung appeal was ready to be heard on a fixed date and would be prejudiced by vacatur, and overlapping representation removed any material risk of prejudice to the applicants here; accordingly consolidation and early fixation were refused.
20 Dec 2017

SECRETARY FOR JUSTICE v. CHIU HIN CHUNG

Citation

SECRETARY FOR JUSTICE v. CHIU HIN CHUNG
Court

Court of Final Appeal
Case number

FAMC45/2017

The Appeal Committee declined to order early fixation or consolidation because, although the Court has power to hear separate appeals together where just and convenient, the present cases arise from different incidents with distinct facts, leave to appeal had not been granted in the present cases, the Wong Chi Fung appeals were ready to be heard on 16 January 2018 and would be prejudiced by vacating, and the limited procedural similarity and overlapping representation did not justify overriding readiness and practicality considerations; accordingly the discretionary relief sought was refused.