Hong Kong Case Law: Decisions & Judgments

Topic

Residual jurisdiction

Legal area

Court

6 Dec 2024

ATUKUNDA GRACE FLAVIA v. DIRECTOR OF IMMIGRATION

Citation

[2024] HKCA 1125
Court

Court of Appeal
Case number

CAMP104/2024

The court held that the residual jurisdiction was not engaged because there was no substantial defect in the fairness of the process: the RPO lawfully permitted disposal on paper, the judge considered the applicant's draft grounds and gave opportunity to supplement, and therefore the refusal of leave was a proper judicial decision; accordingly the application for leave to appeal to the Court of Final Appeal was struck out and indemnity costs ordered as a response to abusive process.
19 Jul 2024

GUO HANWEI v. XIE GUOMIN AND OTHERS

Citation

[2024] HKCA 695
Court

Court of Appeal
Case number

CACV164/2024

The Stay Summons was dismissed because X had no reasonable prospects of successfully invoking the Court of Appeal's residual jurisdiction: the Refusal of Leave Decision did not display the requisite extreme unfairness or procedural defect and the judge had adequately considered the contested issues; accordingly no stay of execution was warranted and costs were awarded against X.
1 Mar 2019

HKSAR v. CHOW HO YIN

Citation

[2019] HKCA 248
Court

Court of Appeal
Case number

CACC116/2018

The court held there was no unfairness or prejudice from the prosecution's late decision to adduce the cautioned statements because the defence had already identified and prepared the challenge in the Case Management Questionnaire, and counsel and the applicant had sufficient time to prepare for and conduct the voir dire; the judge's rulings including the admissibility ruling and the summing‑up fairly presented the contested issues (including whether the drugs were concealed in the underpants) to the jury. Consequently leave was refused and the appeal dismissed. The Court of Appeal declined t…
18 Dec 2015

CHINA INTERNATIONAL FUND LTD v. DENNIS LAU & NG CHUN MAN ARCHITECTS & ENGINEERS (HK) LTD

Citation

CHINA INTERNATIONAL FUND LTD v. DENNIS LAU & NG CHUN MAN ARCHITECTS & ENGINEERS (HK) LTD
Court

Court of First Instance
Case number

HCMP2472/2014

The Court held there was no reasonably arguable constitutional challenge to s81(4) of the Arbitration Ordinance; s81(4) is compatible with Article 82 and falls within a range of reasonable options under the minimal impairment test; accordingly leave to appeal to the Court of Final Appeal was refused and the motion dismissed.
1 Mar 2013

KOON WING YEE v. FINANCIAL SECRETARY

Citation

KOON WING YEE v. FINANCIAL SECRETARY
Court

Court of Appeal
Case number

CACV245/2011

The Court refused leave to appeal both as of right under s.22(1)(a) and under s.22(1)(b). It held that registration under SIDO s.29 does not bring the proceedings within s.22(1)(a) and that the questions advanced were not of great general or public importance nor reasonably arguable given relevant authority and the repeal/diminished relevance of SIDO; consequently both the application to amend and the application for leave were dismissed and costs awarded to the respondent.

Hong Kong Case Law

ATUKUNDA GRACE FLAVIA v. DIRECTOR OF IMMIGRATION

GUO HANWEI v. XIE GUOMIN AND OTHERS

HKSAR v. CHOW HO YIN

CHINA INTERNATIONAL FUND LTD v. DENNIS LAU & NG CHUN MAN ARCHITECTS & ENGINEERS (HK) LTD

KOON WING YEE v. FINANCIAL SECRETARY