Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fairness in administrative decision-making

Legal area

Court

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.
26 Jan 2022

RE NGUYEN XUAN DIU

Citation

[2022] HKCA 144
Court

Court of Appeal
Case number

CAMP94/2021

Although the court accepted the applicant's explanation for the delay, the intended appeal did not raise any question of great general or public importance under s22(1)(b) nor any basis under the 'otherwise' limb; therefore statutory requirements for leave were not met and it was futile to extend time, so the notice of motion was dismissed.