Hong Kong Case Law: Decisions & Judgments

Topic

Appeal abandonment

Legal area

Court

6 Aug 2020

HKSAR v. MADUEKWE AKACHUKWU BELLAMINE alias TUNKARA OMAR

Citation

[2020] HKCA 655
Court

Court of Appeal
Case number

CACC14/2018

The applicant failed to prove by credible evidence that his Notice of Abandonment was not a deliberate and informed decision; contemporaneous medical reports showed stability and his own first affirmation attributed the abandonment to legal advice; accordingly the abandonment stands and the application to treat it as a nullity is refused, but a limited loss of time of 2 months was ordered under s83W(1) given the unmeritorious delay caused by his conduct.
29 Sept 2017

HKSAR v. OKAFOR CHARLES CHUKWUEMEKA

Citation

HKSAR v. OKAFOR CHARLES CHUKWUEMEKA
Court

Court of Appeal
Case number

CACC382/2015

The Court found the Notice of Abandonment was a deliberate and informed act signed and witnessed and the applicant failed to show mistake or exceptional circumstances; there was no credible evidence he provided assistance to authorities; the sentencing starting point and reductions were appropriate; accordingly the nullity application and leave to appeal were refused and a loss of time order of 3 months under s83W CPO was made because the nullity application was wholly unmeritorious and an abuse of process.
8 Jan 2016

HKSAR v. BABAR, IMRAN

Citation

HKSAR v. BABAR, IMRAN
Court

Court of First Instance
Case number

HCMA556/2015

The Magistrate applied the Court of Appeal guideline in HKSAR v Mok Cho Tik to impose 4 months imprisonment for possession of 0.08 g methamphetamine; there was no basis for appellate interference, the appeal had no prospect of success, and the court granted leave to abandon and dismissed the appeal.
28 May 2010

HKSAR v. CHONG SHUE WENG, DEREK AND OTHERS

Citation

HKSAR v. CHONG SHUE WENG, DEREK AND OTHERS
Court

Court of First Instance
Case number

HCMA235/2009

The Court upheld convictions because the magistrate reasonably found, on the credible and complementary evidence, that the appellants agreed to procure a sham marriage to facilitate a dependent visa and that the agreement necessarily involved making false representations to the Immigration Department; Notices of Abandonment of appeals against sentence were effective and leave to withdraw was refused; sentences imposed were appropriate.
4 Dec 1987

LAI KIN WAH t/a SUIFAN\'S MEDICINE CO v. TAI CHUNG MEDICINE CO t/a PO TO DEPARTMENT STORE AND ANOTHER

Citation

LAI KIN WAH t/a SUIFAN\'S MEDICINE CO v. TAI CHUNG MEDICINE CO t/a PO TO DEPARTMENT STORE AND ANOTHER
Court

Court of Appeal
Case number

CACV101/1987

The appeal was dismissed as abandoned; non‑compliance with the appeal bundle requirements (O.59 r.9) demonstrated that the appeal could not proceed, and because the appellant's counsel accepted costs on a common fund basis the Court ordered costs to the respondent on that basis.

Hong Kong Case Law

HKSAR v. MADUEKWE AKACHUKWU BELLAMINE alias TUNKARA OMAR

HKSAR v. OKAFOR CHARLES CHUKWUEMEKA

HKSAR v. BABAR, IMRAN

HKSAR v. CHONG SHUE WENG, DEREK AND OTHERS

LAI KIN WAH t/a SUIFAN\'S MEDICINE CO v. TAI CHUNG MEDICINE CO t/a PO TO DEPARTMENT STORE AND ANOTHER