Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Duty of procedural fairness
  • 18 Mar 2019

    RE HIKMAT TULACHAN

    Citation
    [2019] HKCA 242
    Court
    Court of Appeal
    Case number
    CACV334/2018

    The application for leave to appeal to the Court of Final Appeal is dismissed because the applicant failed to identify viable grounds to overturn the lower court's decision, did not engage with the Court of Appeal's reasons, failed to raise the counsel-performance complaint previously, presented no basis for state acquiescence or involvement, and did not satisfy the statutory leave criterion in s22(1)(b) of Cap 484.

    • Leave to appeal to court of final appeal
    • State acquiescence/involvement
    • Duty of procedural fairness
    • Performance of legal representative