31 Oct 2023
FU MAN KIT v. SUPERINTENDENT OF TAI LAM CORRECTIONAL INSTITUTION
- Citation
- [2023] HKCFA 33
- Court
- Court of Final Appeal
- Case number
- FAMV300/2022
Leave to appeal was refused because the issue was essentially academic (the applicant had already served the remaining term), the proposed constitutional point was not raised below and lacked evidential foundation (Flywin bar), and the 31 day minimum in Rule 69(1) is a lawfully established limit whose operation in conjunction with CPO s67A does not, on the material before the court, amount to an arguable arbitrariness under Article 5.