Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Abandonment treated as nullity

Legal area

Court

11 Mar 2019

HKSAR v. CHAN LAP TAK

Citation

[2019] HKCA 295
Court

Court of Appeal
Case number

CACC472/2012

The court held the Notice of Abandonment was a nullity because credible evidence (transcripts of mention hearings and subsequent arrest/identification of Chim) showed the applicant signed under a misunderstanding so his mind did not go with the act; having set aside the abandonment, the court found the applicant's assistance warranted a 44.4% overall discount and reduced the sentence from 12 years to 10 years.
6 Jun 2002

HKSAR v. IP Tsz-kwan

Citation

HKSAR v. IP Tsz-kwan
Court

Court of Appeal
Case number

CACC391/1999

The Court held that the applicant's abandonment was a voluntary and informed act and did not meet the Medway test for treating abandonment as a nullity; accordingly the application to revive the abandoned leave to appeal was refused, and the sentence of 12 years imprisonment was held to be lawful and appropriate as it followed the Lau Tak-ming guideline with a substantial reduction for mitigation and guilty plea.