Hong Kong Case Law: Decisions & Judgments

Topic

Delay and procedural default

Legal area

Court

16 Oct 2024

JATINDER SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCA 933
Court

Court of Appeal
Case number

CAMP69/2024

The Court refused to grant an extension of time because the applicant's delay (over 18 months) was inexcusable given his failure to provide an effective address for service, he furnished no new evidence, and he failed to demonstrate any error of law or procedural unfairness in the Board's decision such that there was no real prospect of success; accordingly discretion to extend time was refused and the summons dismissed.
30 Sept 2022

RE SURATI

Citation

[2022] HKCFI 2823
Court

Court of First Instance
Case number

HCAL548/2019

Extension of time refused because the applicant provided no valid explanation for a substantial four-month delay out of a 14-day appeal period, the intended appeal had no prospect of success on its merits, and allowing the belated, unmeritorious challenge would constitute an abuse of process and prejudice the respondent and public administration.
4 Mar 2020

BALAORO MARIETTA S. (ALSO KNOWN AS “MARRZ”) v. THE SECRETARY FOR JUSTICE

Citation

[2020] HKCFI 348
Court

Court of First Instance
Case number

HCAL1188/2019

The ceremonies performed by the LGBTS Church for same‑sex couples do not constitute 'marriages' within the meaning of the Ordinance and therefore do not contravene Section 30; additionally, absent very exceptional circumstances a civil court will not grant a pre‑emptive declaratory ruling as to the criminality of proposed conduct or compel the DPP to give advance assurances of non‑prosecution. The Applicant's leave application and applications to amend and for extension of time were therefore dismissed.

Hong Kong Case Law

JATINDER SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

RE SURATI

BALAORO MARIETTA S. (ALSO KNOWN AS “MARRZ”) v. THE SECRETARY FOR JUSTICE