Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Single judge powers

  • 16 Dec 2016

    HKSAR v. MD EMRAN HOSSAIN

    Citation
    HKSAR v. MD EMRAN HOSSAIN
    Court
    Court of Final Appeal
    Case number
    FACC16/2016

    Subject to ordinary rules disqualifying a judge for actual or apparent bias, a single Justice of Appeal who has refused leave under CPO s83Y may lawfully sit as a member of the full Court of Appeal considering a renewed application; the single judge's initial refusal is provisional and the full court provides a genuine review; in the present case no appearance of bias arose and the appeal is dismissed.

  • 27 Feb 2006

    HONG KONG KAM LAN KOON LTD v. REALRAY INVESTMENTS LTD

    Citation
    HONG KONG KAM LAN KOON LTD v. REALRAY INVESTMENTS LTD
    Court
    Court of Appeal
    Case number
    CACV146/2005

    A single judge of the Court of Appeal may make an order in terms of a consent order which allows an appeal provided there is true consent between the parties and the order is proper; the court must assess propriety and potential impact on third party rights; costs of the determination of that procedural question are awarded to the successful party (the defendant by the original action).

  • 6 Nov 1991

    AG v. TSE KA WAH AND ANOTHER

    Citation
    AG v. TSE KA WAH AND ANOTHER
    Court
    Court of Appeal
    Case number
    CAAR10/1990

    A single Justice of the Court of Appeal, exercising powers under s83Y read with s34A and s81A, has authority to grant leave to apply for review of sentence and to extend the time for filing the substantive application; however, when the request is made out of time the Attorney General must provide an explanation and must expressly seek an extension of time, failing which an ex parte leave granted under a misapprehension may be set aside.