Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mental incapacity at time of procedural act
  • 8 May 2007

    HKSAR v. CHEUNG HOI LAM

    Citation
    HKSAR v. CHEUNG HOI LAM
    Court
    Court of Appeal
    Case number
    CACC389/2004

    On the evidence the applicant had recovered from schizophrenic symptoms by 9 October 2004 and there was no evidence of relapse by 26 October 2004 when he signed and lodged Form VII; mere poor judgment does not establish lack of appreciation of the nature or effect of the act; therefore the abandonment was not a nullity and the application to treat it as such is dismissed.

    • Abandonment of appeal
    • Restoration of appeal
    • Mental incapacity at time of procedural act
    • Nullity of act
    • Sentence excessive (original ground of appeal)