Hong Kong Case Law: Decisions & Judgments

Topic

Delay and bona fides

Legal area

Court

2 Apr 2026

香港特別行政區訴周玉芬

Citation

[2026] HKCA 588
Court

Court of Appeal
Case number

CACC309/2025

The application for leave to appeal out of time was refused because it was filed without reasonable explanation for the two‑plus month delay and the proposed grounds were not arguable: they contradicted the applicant’s admissions and documentary records, did not undermine the basis for the withdrawals‑based calculation of proceeds (HK$4,610,278), and the original sentencing starting point of three years was not manifestly excessive given the scale, duration and direct conduct involved.
4 May 2022

香港特別行政區訴吳彥達

Citation

[2022] HKCFI 1238
Court

Court of First Instance
Case number

HCMA320/2020

Refusal to grant out-of-time leave was correct because the delay was lengthy and inadequately explained, the application lacked bona fides, and the proposed appeal had no real prospect of success since the psychiatric report described conscious impulsive conduct not total loss of voluntary control and did not support a defence that would vitiate the pleas; therefore the magistrate properly exercised discretion and grant of leave would cause unfairness to prosecution.
26 Mar 2001

NICEKIND HOLDINGS LTD. v. YIM WAI NING AND ANOTHER

Citation

NICEKIND HOLDINGS LTD. v. YIM WAI NING AND ANOTHER
Court

Court of Appeal
Case number

CACV435/2000

The Court of Appeal dismissed the appeal, holding the trial judge was entitled to discharge the ex parte Mareva injunction because the plaintiff failed to establish a good arguable case of agency/facade, there was material and misleading non-disclosure in the ex parte application (particularly about the defendant's connections and contactability in Hong Kong), and there was substantial unexplained delay adversely affecting the plaintiff's bona fides; the judge's exercise of discretion was not wrong.
4 Feb 1970

MIRADOR MANSION OWNERS & TENANTS ASSOCIATION LTD AND ANOTHER v. ALICE & JOYCE LEUNG

Citation

MIRADOR MANSION OWNERS & TENANTS ASSOCIATION LTD AND ANOTHER v. ALICE & JOYCE LEUNG
Court

Court of Appeal
Case number

CACV35/1969

The appeal was dismissed because the appellants unreasonably delayed nearly three months after service of the re-amended Statement of Claim, failed to file or indicate any defence thereby failing to show bona fides, and the chambers judge's exercise of discretion in dismissing the strike out/severance application was not shown to be wrong.

Hong Kong Case Law

香港特別行政區 訴 周玉芬

香港特別行政區 訴 吳彥達

NICEKIND HOLDINGS LTD. v. YIM WAI NING AND ANOTHER

MIRADOR MANSION OWNERS & TENANTS ASSOCIATION LTD AND ANOTHER v. ALICE & JOYCE LEUNG

香港特別行政區訴周玉芬

香港特別行政區訴吳彥達