Hong Kong Case Law: Decisions & Judgments

Topic

Nullity of procedural act

Legal area

Court

2 Apr 2014

HKSAR v. WANJIRU ZUHURA NJAMBI

Citation

HKSAR v. WANJIRU ZUHURA NJAMBI
Court

Court of Appeal
Case number

CACC91/2012

The application to treat the Notice of Abandonment as a nullity was rejected because the abandonment was an informed and deliberate act and therefore there was no inherent jurisdiction to treat it as a nullity; once the Notice of Abandonment had resulted in dismissal under the Criminal Appeal Rules the court was functus officio and could not restore the application absent statutory referral under section 83P.
15 Nov 2007

HKSAR v. YEE HING CHUNG

Citation

HKSAR v. YEE HING CHUNG
Court

Court of Appeal
Case number

CACC287/2005

The Court refused to treat the Notice of Abandonment as a nullity because the evidence established the abandonment was a deliberate and informed act after proper legal advice; consequently the application for leave to appeal out of time was refused and the Applicant's post-sentence acts did not justify reducing a proper sentence before the appeal court.
8 Jun 2005

HKSAR v. LIU PO SHING

Citation

HKSAR v. LIU PO SHING
Court

Court of Appeal
Case number

CACC27/2004

Because the applicant knowingly abandoned his applications and was aware of the nature and effect of that act, mistaken or adverse advice from his legal representatives does not justify treating the abandonment as a nullity; the application therefore fails.
17 Dec 2004

HKSAR v. WONG LAI SHING

Citation

HKSAR v. WONG LAI SHING
Court

Court of Appeal
Case number

CACC183/2001

The applicant's affirmation demonstrated that his mind went with the act of abandonment and that he voluntarily abandoned the application after assessing its merits; therefore there were no grounds to treat the abandonment as a nullity and the application was dismissed.
26 Aug 2003

HKSAR v. CHOI MAN KIN

Citation

HKSAR v. CHOI MAN KIN
Court

Court of Appeal
Case number

CACC644/2002

The written abandonment of the applicant's leave application was effective and there were no grounds to treat that abandonment as a nullity; accordingly the application to treat the abandonment as nullity is dismissed.
30 Mar 1990

THE QUEEN v. WONG YIU LUN

Citation

THE QUEEN v. WONG YIU LUN
Court

Court of Appeal
Case number

CACC21/1989

The applicant's affidavits did not satisfy the Medway test that the abandonment was not a deliberate and informed decision; therefore the Notice of Abandonment could not be treated as a nullity and the application to withdraw it was refused, leaving the applicant free to petition the Governor for a Reference.

Hong Kong Case Law

HKSAR v. WANJIRU ZUHURA NJAMBI

HKSAR v. YEE HING CHUNG

HKSAR v. LIU PO SHING

HKSAR v. WONG LAI SHING

HKSAR v. CHOI MAN KIN

THE QUEEN v. WONG YIU LUN