Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Delay and unreasonable delay

Legal area

Court

23 Apr 2002

KAM WAI HUNG v. SECRETARY FOR JUSTICE

Citation

KAM WAI HUNG v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL2546/2001

The Force Discipline Officers memorandum disclosed that he had, on review of the papers, concluded the increased awards were appropriate before the applicants representations were considered, thereby depriving the applicant of a real opportunity to be heard and breaching procedural fairness; that breach rendered the decision of 8 March 2001 unlawful and required quashing. The delays and the minor two-day excess over the 14-day limit did not cause material prejudice and were not fatal to the process.
19 Feb 1987

GEORGE MOORE v. THE OFFICIAL RECEIVER AND TRUSTEE OP THE ESTATE OF TBE BANKRUPT, HASSOMAL GAGANMAL MOORJANI ALIAS TOM MOORE

Citation

GEORGE MOORE v. THE OFFICIAL RECEIVER AND TRUSTEE OP THE ESTATE OF TBE BANKRUPT, HASSOMAL GAGANMAL MOORJANI ALIAS TOM MOORE
Court

Court of Appeal
Case number

CACV158/1986

The Official Receiver did not err in rejecting the proof because the bankrupt denied the debt and the appellant's documentary evidence did not establish indebtedness or acknowledgment by the bankrupt; although the Official Receiver delayed and breached the Rule 22 formal requirement, the delay did not grant the appellant substantive rights and, if necessary, the Court would expunge any improperly admitted proof under r.23, therefore the appeal is dismissed.