Hong Kong Case Law: Decisions & Judgments

Topic

Delay and service of documents

Legal area

Court

29 Apr 2026

MAHTUMATUL AMALIYA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCFI 2328
Court

Court of First Instance
Case number

HCAL779/2020

Refused extension because the delay of over five months was substantial and inordinate, the applicant failed to provide a satisfactory explanation or a reliable address for service and must bear the consequences, and the intended appeal had no reasonable prospect of success after application of enhanced Wednesbury review; granting an extension would prejudice the respondent.
8 Jan 2026

TAMANG AMAR v. TORTURE CLAIMS APPEAL BOARD

Citation

[2026] HKCFI 39
Court

Court of First Instance
Case number

HCAL176/2023

Refusal to extend time was justified because the delay (almost two years) was inordinate, the applicant failed to provide a credible or evidenced explanation for the delay despite court records showing service to his reported address, and the applicant failed to identify any arguable error in the earlier refusal of leave so there was no prospect of success; therefore leave to appeal out of time was refused and the summons dismissed.
20 Nov 2024

AMIN MUHAMMAD alias MUHAMMAD AMIN v. TORTURE CLAIMS APPEAL BOARD

Citation

[2024] HKCA 1079
Court

Court of Appeal
Case number

CAMP90/2024

Refusal of extension of time was upheld because the applicant's substantial delay was inexcusable (failure to notify change of address leading to undelivered mail) and he failed to demonstrate a real prospect of success; the Board lawfully applied s.37ZT(3) and there was no arguable error of law, procedural unfairness or irrationality in the Board's decision or the judge's refusal of leave.
23 Mar 2021

RE AMJAD

Citation

[2021] HKCA 316
Court

Court of Appeal
Case number

CAMP241/2019

The extension of time was refused because the applicant failed to provide a credible explanation for the delay or non-receipt of the CALL-1 form, failed to identify any error by the judge below, and the intended appeal lacked a real prospect of success; consequently the summons for extension dated 2 October 2019 was dismissed.

Hong Kong Case Law

MAHTUMATUL AMALIYA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

TAMANG AMAR v. TORTURE CLAIMS APPEAL BOARD

AMIN MUHAMMAD alias MUHAMMAD AMIN v. TORTURE CLAIMS APPEAL BOARD

RE AMJAD