Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 21k high court ordinance

Legal area

Court

23 Jul 2018

KWOK CHEUK KIN v. LEUNG CHUN YING

Citation

[2018] HKCA 419
Court

Court of Appeal
Case number

CACV110/2017

Refusal to grant an extension of time under Order 53 r.4 is a discrete interlocutory decision distinct from a refusal of leave under r.3 and is not within the express exemptions of Order 59 r.21; therefore s.14AA applies and leave to appeal to the Court of Appeal is required. Leave was refused in both appeals because neither had a reasonable prospect of success and no other interest-of-justice reason existed.
23 Jul 2018

MI AND ANOTHER v. PERMANENT SECRETARY FOR SECURTIY

Citation

[2018] HKCA 419
Court

Court of Appeal
Case number

CACV162/2017

Refusal to grant an extension of time under Order 53 r.4(1) is an interlocutory decision distinct from refusal of leave under Order 53 r.3; it is not covered by the Order 59 r.21(1)(g) exemption and therefore falls within Section 14AA so leave to appeal is required. Applying the leave criteria, the Court refused leave in both appeals because there was no reasonable prospect of success (serious unjustified delay and lack of arguable merit).