Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Withdrawal of notice of abandonment

Legal area

Court

6 Mar 1990

THE QUEEN v. WONG WAI LEUNG

Citation

THE QUEEN v. WONG WAI LEUNG
Court

Court of Appeal
Case number

CACC369/1989

The Court refused leave to withdraw the Notice of Abandonment because the abandonment was not shown to be a nullity; the applicant was not shown to have been misled by his solicitors' clerk and the grounds of appeal did not disclose any injustice warranting advice to petition the Governor for a Reference.
6 Apr 1984

THE QUEEN v. TAM KWOK

Citation

THE QUEEN v. TAM KWOK
Court

Court of Appeal
Case number

CACC310/1983

Although the applicant's affidavit did not satisfy the Medway test that the abandonment was not his 'true act', the Court nonetheless allowed withdrawal because justice required the appeal be heard promptly (given the co-accused's successful challenge) and granted immediate bail pending a Crown reference under s.83P; the Court indicated it will quash the conviction when the reference is heard without requiring attendance.