Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Delay justification

Legal area

Court

8 Oct 2018

UDEH DOMINIC ONYEMAECHI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2018] HKCFI 2279
Court

Court of First Instance
Case number

HCAL785/2017

Leave to appeal the refusal of an extension of time cannot be granted absent any explanation or documentary proof of a legal aid application; the applicant must file documentary confirmation from the Director of Legal Aid of his application and the date of its refusal to substantiate his claim before leave can be maintained.
7 Nov 2013

HKSAR v. DE BRUIN MICHELLE ROSY

Citation

HKSAR v. DE BRUIN MICHELLE ROSY
Court

Court of Appeal
Case number

CACC409/2009

Refusal to grant an extension of time was justified because the roughly four year delay was not reasonably explained and no substantial and plainly arguable ground of appeal against sentence was demonstrated; the 20 year sentence was within sentencing guidelines for the quantities involved and the jury rejected the applicant's innocence defence.
21 Oct 1986

THE QUEEN v. TSO YUEN SHUI

Citation

THE QUEEN v. TSO YUEN SHUI
Court

Court of First Instance
Case number

HCMP2137/1986

Application dismissed because the record showed a guilty plea, recognizance and payment of costs indicating conviction was intended; the Applicant produced no evidence of any incorrect magistracy entry and failed to explain the more than three-year delay, so leave to appeal out of time was refused.