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Hong Kong decisions
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The Court of Appeal refused an extension of time to appeal against refusal of leave for judicial review in a non-refoulement claim, finding no reasonable explanation for delay or arguable error.
The Court of Appeal dismissed an out-of-time bid to appeal refusal of leave to bring committal proceedings, holding the intended appeal had no real prospect of success.
The Court of First Instance refused an application to extend time to appeal against refusal of leave for judicial review, finding no adequate explanation for a 17-month delay.
The Building Authority validly issued and effected service of a s24(1) removal order; the structure was an unauthorised new addition not exempt under s41; policy considerations do not invalidate a valid statutory order; appellants were aware of the order and failed to comply or take lawful remedial steps, so no reasonable excuse existed — therefore convictions and penalties were correctly imposed and are upheld.
Source excerpt
The Court of First Instance found the defendants guilty of civil contempt for failing to comply with inspection orders and an undertaking to amend accounts.
The Hong Kong Court of Appeal dismissed a defendant’s application for leave to appeal in committal proceedings, holding the proposed grounds were case-specific and not reasonably arguable.
The court dismissed a committal application to enforce an interlocutory injunction, holding that personal service on the director was not proved and service could not be dispensed with.
Respondent, despite current unemployment, retains earning capacity evidenced by prior monthly income of approx. HK$20,000 and access to family support; child’s reasonable monthly needs assessed at HK$9,110 and applicant’s request for HK$4,000 per month is less than 50% of that need; accordingly respondent has the capacity and must pay HK$4,000/month child maintenance and symbolic HK$1/year spousal maintenance.
Source excerpt
The Court of First Instance refused an extension of time to appeal against the refusal of leave for judicial review, finding no reasonable explanation for the delay or real prospect of success.
法院拒絕批准逾期上訴時間延展申請，認為申請人延誤甚久、解釋不被接納，且擬依賴的新材料無助其司法覆核理由。
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