Hong Kong Case Law: Decisions & Judgments

Topic

Hopeless appeal

Legal area

Court

27 Feb 2026

YASIR MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2026] HKCFI 256
Court

Court of First Instance
Case number

HCAL1461/2020

Extension of time was refused because the applicant failed to identify any error of law or any reasonably arguable public law ground that would make the proposed appeal not hopeless; a minimal delay does not justify extension where the merits are lacking and the Leave Decision was properly reached applying enhanced Wednesbury scrutiny.
30 Mar 2023

RE BALINGASA EDNA BAGACINA

Citation

[2023] HKCA 452
Court

Court of Appeal
Case number

CACV348/2022

The Court refused to extend time because the applicant failed to show good and sufficient grounds for the over‑one‑month delay and her intended appeal was plainly without merit and did not raise any question of great general or public importance under s22(1)(b) HKCFAO; accordingly the out‑of‑time Notice of Motion was dismissed.
17 Jun 2021

RE CHINNASAMY KARTHIK

Citation

[2021] HKCFI 1625
Court

Court of First Instance
Case number

HCAL380/2019

The application for extension of time to appeal was refused because the Order dismissing the judicial review had been made on the applicant's own request and there was no reasonable prospect of success of the intended appeal; accordingly courts should not extend time to pursue hopeless appeals.
13 Jul 1982

WONG KAM-LEUNG v. THE QUEEN

Citation

WONG KAM-LEUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC238/1982

The Court set aside the single judge's order for loss of 60 days and held that where counsel has advised there is an arguable point and has settled and signed grounds the applicant should not be penalized; however, if a single judge has refused leave the full court may nonetheless order loss of time if the appeal is hopeless, including time before the single judge's refusal. In this case there was a proper point on sentence and no loss of time was ordered for the application for leave to appeal against conviction.

Hong Kong Case Law

YASIR MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

RE BALINGASA EDNA BAGACINA

RE CHINNASAMY KARTHIK

WONG KAM-LEUNG v. THE QUEEN