Hong Kong Case Law: Decisions & Judgments

Topic

Re-hearing

Legal area

Court

11 Nov 2025

陳海瀅對郭照佳及另一人

Citation

[2025] HKDC 1940
Court

District Court
Case number

DCPI1776/2023

Plaintiff provided no reasonable explanation for failure to comply with court orders; two of the impugned orders were inter-partes and not amenable to set-aside by application in lieu of appeal; although the costs order of 25/04/2024 involved a unilateral procedure the court afforded a re-hearing opportunity and, on merits, would reach the same outcome; accordingly the impugned orders stand and the appeal is dismissed.
29 Sept 2020

香港特別行政區訴曾健勇

Citation

[2020] HKCFI 2519
Court

Court of First Instance
Case number

HCMA102/2019

The prosecution's inability to disclose materially relevant disciplinary records of the principal prosecution witness resulted in unfairness to the appellant’s trial; given the impact on the witness's credibility and the limitations of an appellate court to assess demeanour, the conviction could not stand and was quashed; the court lacked jurisdiction to entertain the separate appeal against refusal of bail and, in any event, would have dismissed it because the trial judge reasonably concluded a custodial sentence was likely.
16 Jul 2003

CHUNG SAU LING v. MILLION JOIN LTD t/a TSUPO SEAFOOD RESTAURANT

Citation

CHUNG SAU LING v. MILLION JOIN LTD t/a TSUPO SEAFOOD RESTAURANT
Court

Court of Appeal
Case number

CACV8/2003

Although there was a substantial two-year delay and initial explanation was inadequate, the court requires the applicant for extension to provide reasons among other factors; given the substantial disparity between the Board's 33% assessment and the much lower independent medical assessments, the merits justified a re-hearing and therefore the extension of time to appeal was properly granted; accordingly the applicant's appeal against that grant is dismissed and costs were ordered against the respondent.
28 Nov 1995

WONG KIM MING v. THE COMMISSIONER OF POLICE

Citation

WONG KIM MING v. THE COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCMP2718/1995

The FDO's decision to set aside the tribunal's guilty finding and order a rehearing was unlawful because it was made without adequate stated reasons and after reliance on extraneous undisclosed aggravating information obtained outside the formal record, thereby breaching natural justice and exceeding the proper exercise of the statutory supervisory jurisdiction; the FDO's decision is quashed and the original tribunal finding and award are restored.
7 Apr 1978

WONG SIU-HAR (F) v. THE QUEEN

Citation

WONG SIU-HAR (F) v. THE QUEEN
Court

Court of Appeal
Case number

CACC225/1978

Because the record contained no evidence that the appellant kept, owned or was otherwise responsible for the premises, the conviction for keeping a disorderly house was unsupported; accordingly the conviction and sentence were set aside and the matter remitted to a magistrate for re-hearing on a plea of not guilty, with bail continued.

Hong Kong Case Law

陳海瀅 對 郭照佳及另一人

香港特別行政區 訴 曾健勇

CHUNG SAU LING v. MILLION JOIN LTD t/a TSUPO SEAFOOD RESTAURANT

WONG KIM MING v. THE COMMISSIONER OF POLICE

WONG SIU-HAR (F) v. THE QUEEN

陳海瀅對郭照佳及另一人

香港特別行政區訴曾健勇