Hong Kong Case Law: Decisions & Judgments

Topic

Time limits and promptness

Legal area

Court

9 May 2025

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

Citation

[2025] HKCFI 1869
Court

Court of First Instance
Case number

HCAL2375/2024

Leave refused because the Form 86 was filed 52 days out of time without satisfactory explanation, the applicant's grounds were bare and unparticularised, the Board correctly applied the statutory scheme (s37ZT/ s37ZV) in refusing late filing of the NOA, and no arguable error of law, procedural unfairness or Wednesbury unreasonableness was demonstrated such that the proposed judicial review had no realistic prospects of success.
27 Jul 2018

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

Citation

[2018] HKCFI 1683
Court

Court of First Instance
Case number

HCAL785/2017

Leave to apply to extend time was refused because the applicant provided no explanation for the delay, did not seek an extension of time, and no good reason was put before the court; time for the judicial review ran from the Adjudicator's decision on 7 July 2017, and the application was therefore out of time.
23 Mar 1989

RE LAU CHUNG HING

Citation

RE LAU CHUNG HING
Court

Court of Appeal
Case number

CACV157/1988

The judge's refusal to extend time was within lawful discretion because the appellant failed to demonstrate "good reason" for the five‑month delay against the three‑month rule; the medical and counsel excuses were intermittent and concluded by mid‑August, the substantive complaints were known earlier from the petition to the Commissioner, and no evidence supported ignorance of the remedy; therefore no appellate interference was justified and the appeal was dismissed.

Hong Kong Case Law

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

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

RE LAU CHUNG HING