Hong Kong Case Law: Decisions & Judgments

Topic

Late leave to appeal

Legal area

Court

10 Feb 2025

CORNHILL ENTERPRISES LTD 對詹士平及另一人

Citation

[2025] HKDC 104
Court

District Court
Case number

DCMP3246/2021

Four months' delay was unreasonable and the applicant's explanation was unsatisfactory; the proposed appeal had no real prospect of success because the alleged payment to Ms Mok did not confer any right to occupy (she was not the owner), there was no evidence the named owners authorised occupation, and the late affidavit would not assist; accordingly leave to appeal out of time is refused and the applicant ordered to pay plaintiff's costs on a summary assessment.
30 Nov 2021

香港特別行政區訴黃家傑及另一人

Citation

[2021] HKCA 1822
Court

Court of Appeal
Case number

CACC130/2020

The appellants provided substantial and effective assistance to the authorities that materially contributed to the apprehension/conviction of another offender; applying established sentencing principles (timely plea plus additional discount for assistance) and relevant authorities the appropriate total reduction was about 43%, warranting reduction of each concurrent sentence from 13 years 4 months to 11 years 4 months; late leave to appeal was properly granted.
16 Sept 2020

香港特別行政區訴游祖怡

Citation

[2020] HKCA 764
Court

Court of Appeal
Case number

CACC236/2018

Leave to appeal out of time against sentence is granted and the sentencing appeal is allowed because, although the applicant's testimony in the related trial was not wholly reliable such that a full discount was unwarranted, she did testify for three days and her evidence contributed to the conviction; a limited reduction of 15% for that assistance is appropriate and, given time already served (equivalent to 85% of the sentence after adjustments for good conduct), ordering further custody would be excessive — therefore the sentence is reduced to permit immediate release.
8 May 2017

香港特別行政區訴 CHEUNG KA CHUN

Citation

香港特別行政區訴 CHEUNG KA CHUN
Court

Court of Appeal
Case number

CACC226/2016

The Court granted leave to appeal out of time, treated the grant as a substantive appeal, found the appellant's assistance to the authorities to be a valid mitigating factor, allowed the appeal and reduced the original sentence from 7 years 4 months to 5 years 6 months.

Hong Kong Case Law

CORNHILL ENTERPRISES LTD 對 詹士平及另一人

香港特別行政區 訴 黃家傑及另一人

香港特別行政區 訴 游祖怡

香港特別行政區 訴 CHEUNG KA CHUN

CORNHILL ENTERPRISES LTD 對詹士平及另一人

香港特別行政區訴黃家傑及另一人

香港特別行政區訴游祖怡

香港特別行政區訴 CHEUNG KA CHUN