Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Rehearing vs review

Legal area

Court

23 Mar 2021

RE SHAMIM MIAH

Citation

[2021] HKCA 366
Court

Court of Appeal
Case number

CAMP145/2019

Extension of time refused because the applicant failed to provide a reasonable explanation for delay and the proposed grounds were not reasonably arguable or showed any error by the judge; the challenge impermissibly sought a rehearing of the Board/Director decisions rather than identifying public law errors, so there was no realistic prospect of success and the appeal was hopeless.
15 Jun 2016

LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD

Citation

LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD
Court

Court of Appeal
Case number

CACV250/2015

The Court held the Board properly exercised its appellate rehearing jurisdiction, lawfully adopted and affirmed the Public Officer's assessment, and reasonably concluded on the evidence (including locality maps showing five existing parlours within or around a practical 100 metre radius) that granting the licence would result in an undue concentration; the applicant's grounds failed to show illegality, irrationality or failure to take relevant considerations into account, so the appeal was dismissed.