Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Certificate of point of law

Legal area

Court

11 Apr 2018

HKSAR v. SHOKI FATUMA RAMADHANI

Citation

[2018] HKCA 192
Court

Court of Appeal
Case number

CACC187/2014

The application for certification was refused because the applicant provided no reasonable or satisfactory explanation for the extraordinary delay of about 33 months in seeking certification/leave; statutory and practice‑direction time limits exist to protect appellate process and delay defeated those purposes, warranting refusal to proceed out of time.
11 Dec 2006

CHIU WING NAM, DICK v. HKSAR

Citation

CHIU WING NAM, DICK v. HKSAR
Court

Court of Final Appeal
Case number

FAMC50/2004

Given the unique circumstances and the Court's decision to adjourn pending the Hung proceedings, the applicant was granted an extension of time despite delay (4 months 10 days); leave on the point of law limb was inappropriate because Hung settled the issue, but leave was granted under the substantial and grave injustice limb to permit reliance on Hung; the phrase 'involved in the decision' in s.32(2) should not be narrowly construed but certification remains a discretionary matter.