Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Procedural mishap

  • 26 May 1999

    TRAN THANG LAM AND OTHERS v. THE DIRECTOR OF IMMIGRATION

    Citation
    TRAN THANG LAM AND OTHERS v. THE DIRECTOR OF IMMIGRATION
    Court
    Court of First Instance
    Case number
    HCAL80/1997

    Leave to re-amend was granted only for those additions that replicate issues already decided or are further particulars of predisposition/bad faith; all proposed re-amendments alleging widespread procedural mishap, falsified records, Bogus reasons/ex post facto rationalisation or unlawful delegation were refused because (i) the contested matters were known or should have been known earlier and the application was piecemeal, (ii) the Director's decisions fundamentally rested on country condition evidence and independent Mainland verification rendering alleged minor inaccuracies immaterial to o…

  • 22 Mar 1996

    ATTORNEY GENERAL v. SHIMIZU CORPORATION

    Citation
    ATTORNEY GENERAL v. SHIMIZU CORPORATION
    Court
    Court of First Instance
    Case number
    HCMP2892/1995

    The Court refused leave to appeal on the principal legal grounds because no strong prima facie error was shown and the matters would not materially clarify Hong Kong commercial law; remission under s.24 was granted only where there was procedural unfairness or an inadvertent unfinished task by the arbitrator (site overheads deduction and specified Shimizu quantification issues), but otherwise the Court declined to re-open factual findings or correct ordinary arbitral errors. The arbitrator may reserve decisions, invite further submissions and correct oversights; only limited remissions were w…