Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Nullity of act

Legal area

Court

16 Mar 2016

HKSAR v. LAM WAN MAN, JANET

Citation

HKSAR v. LAM WAN MAN, JANET
Court

Court of Appeal
Case number

CACC52/2014

The abandonment was not a nullity because the applicant's notice and surrounding circumstances demonstrated a deliberate and informed decision; her later assertions were inconsistent and delayed; accordingly the notice of abandonment could not be set aside and the appeal was not revived. Further, the aggregate sentence of 11 years was not manifestly excessive or wrong in principle, so no appellate intervention was warranted.
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.