Hong Kong Case Law: Decisions & Judgments

Topic

Loss of time orders

Legal area

Court

28 Jan 2026

HKSAR v. MIZANUR RAHMAN

Citation

[2026] HKCA 94
Court

Court of Appeal
Case number

CACC235/2024

Leave to appeal against conviction and sentence was refused because the applicant's grounds were factually unmeritorious or had been addressed at trial, allegations of counsel incompetence were unsupported and implausible, and the sentencing judge applied correct principles and arrived at a justified 44‑month term; bail pending appeal was refused for the same reasons and because the appeal prospects were not arguable.
11 Jul 2023

HKSAR v. LAM KIT WAI AND OTHERS

Citation

[2023] HKCA 864
Court

Court of Appeal
Case number

CACC107/2021

A renewed application for bail under s83Y(3) is an entitlement but absent a material change of circumstances it is not appropriate for the full Court to finally determine renewed bail applications before the substantive appeal; such renewals should ordinarily be heard at the hearing of the appeal and new grounds not previously considered by the single judge should not be advanced at renewal.
28 Apr 2017

HKSAR v. NGAN WAI YEUNG

Citation

HKSAR v. NGAN WAI YEUNG
Court

Court of Final Appeal
Case number

FAMC37/2016

Leave to appeal to the Court of Final Appeal was refused: the functus officio argument failed and a single judge who refused leave may sit on the panel absent disqualification for bias; no requirement for written reasons was established in the circumstances and no prejudice was shown; no substantial or grave injustice was demonstrated and the conviction was safe.
16 Dec 2016

HKSAR v. MD EMRAN HOSSAIN

Citation

HKSAR v. MD EMRAN HOSSAIN
Court

Court of Final Appeal
Case number

FACC16/2016

Subject to ordinary rules disqualifying a judge for actual or apparent bias, a single Justice of Appeal who has refused leave under CPO s83Y may lawfully sit as a member of the full Court of Appeal considering a renewed application; the single judge's initial refusal is provisional and the full court provides a genuine review; in the present case no appearance of bias arose and the appeal is dismissed.
10 May 2002

HKSAR v. MA KAM SAN

Citation

HKSAR v. MA KAM SAN
Court

Court of Appeal
Case number

CACC203/1999

The Court refused certification under s32 because the points were already the subject of proceedings before the Court of Final Appeal, the application was out of time and lacked merit, and the court record demonstrated a proper verbal warning and adjournment occurred before the six‑month loss of time order.

Hong Kong Case Law

HKSAR v. MIZANUR RAHMAN

HKSAR v. LAM KIT WAI AND OTHERS

HKSAR v. NGAN WAI YEUNG

HKSAR v. MD EMRAN HOSSAIN

HKSAR v. MA KAM SAN