Hong Kong Case Law: Decisions & Judgments

Topic

Time limits and extension

Legal area

Court

9 Dec 2025

SUENI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 5903
Court

Court of First Instance
Case number

HCAL2332/2020

The applicant validly withdrew the out-of-time application and there was nothing outstanding in the action; accordingly the court dismissed the application for leave as it was both withdrawn and out of time, and amended the Form 86 to correctly name the Torture Claims Appeal Board as putative respondent and the Director of Immigration as putative interested party.
31 Jul 2020

RE FORMERLY KNOWN AS SHUM WAN MAN

Citation

[2020] HKCFI 1720
Court

Court of First Instance
Case number

HCB1536/2015

The court held that s30A(6) requires notification and the application under s30A(3) to be made not less than 14 days before the end of the relevant period (thus the Objection Summons was issued late), the court has power under s100(4) to extend time in principle but declined to exercise that discretion where the Objection Summons both breached the statutory timing and relied on grounds not stated in the Form 82; accordingly the interim suspension was discharged and the objection dismissed.
19 Nov 2018

FRANCOIS NGO v. COMMISSIONER OF INLAND REVENUE

Citation

[2018] HKCFI 2516
Court

Court of First Instance
Case number

HCIA1/2018

The application for leave was out of time because the one‑month statutory period ran from the date the Board's decision reached the appellant's address and valid service on the Commissioner was not effected within that period; the Court has no power to extend the statutory s69(3) time limit and, on the merits, the Board was correct that the First Sum (less agreed non‑taxable PILON component) was paid in substance to settle employment claims and is therefore taxable; claims to exclude US$8,500, unspecified interest and legal costs or to reclassify parts as partnership or consideration for rest…
31 Mar 1995

In re Sun Yeung Bin

Citation

In re Sun Yeung Bin
Court

Court of First Instance
Case number

HCMP782/1995

Leave was refused because the challenge to the 23 February 1995 decision was in substance a collateral attack on the earlier 15 June 1994 decision; absent a relevant change of circumstances the strict time limits under Order 53 cannot be circumvented, and the events between the two dates were not such relevant changes that would reasonably affect the earlier decision; although absence of reasons might have justified leave to challenge the 15 June 1994 decision if extension were shown, that was not the decision before the court.

Hong Kong Case Law

SUENI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RE FORMERLY KNOWN AS SHUM WAN MAN

FRANCOIS NGO v. COMMISSIONER OF INLAND REVENUE

In re Sun Yeung Bin