Hong Kong Case Law: Decisions & Judgments

Topic

Finality of leave refusals

Legal area

Court

25 Mar 2024

LAM POON SHING v. 陳露怡

Citation

[2024] HKCFI 864
Court

Court of First Instance
Case number

HCAL262/2024

The application for leave to apply for judicial review was dismissed because the applicant had already pursued and exhausted appellate and review remedies; the refusal of leave by the CFI was final under the SCTO; there was no reasonably arguable public law error in the Adjudicator's decision to refuse to review the Costs Order; and it would be disproportionate and an unjustified use of limited court resources to grant leave.
14 Jul 2020

AH v. DIRECTOR OF IMMIGRATION

Citation

[2020] HKCFA 22
Court

Court of Final Appeal
Case number

FACV2/2020

A judge's refusal to grant an extension of time to apply for leave to apply for judicial review is part and parcel of a refusal of leave; such a refusal falls within RHC O.59 r.21(1)(g) and therefore s.14AA(1) HCO does not require leave to appeal to the Court of Appeal — MI is overruled to that extent.
14 Jun 2019

RE TAHIR AMBAR ALI

Citation

[2019] HKCA 642
Court

Court of Appeal
Case number

CACV354/2018

Leave to appeal to the Court of Final Appeal was refused because the applicant failed to identify a question of great general or public importance as required by s22(1)(b) Cap 484, failed to explain the delay, and raised no viable grounds or basis under the 'otherwise' limb; additionally, the earlier refusal to permit an out-of-time judicial review application is final and not appealable under s14AB Cap 4.
8 Apr 2016

THE INCORPORATED OWNERS OF PO HANG BUILDING v. SAM WOO MARINE WORKS LTD

Citation

THE INCORPORATED OWNERS OF PO HANG BUILDING v. SAM WOO MARINE WORKS LTD
Court

Court of First Instance
Case number

HCMP415/2014

Section 63B of the District Court Ordinance is constitutionally valid and proportionate; a refusal of leave to appeal to the Court of Appeal is not a 'judgment of the Court of Appeal' under s22(1)(b) HKCFAO and therefore the intended appeal to the Court of Final Appeal was incompetent and must be dismissed.

Hong Kong Case Law

LAM POON SHING v. 陳露怡

AH v. DIRECTOR OF IMMIGRATION

RE TAHIR AMBAR ALI

THE INCORPORATED OWNERS OF PO HANG BUILDING v. SAM WOO MARINE WORKS LTD