Hong Kong Case Law: Decisions & Judgments

Topic

Renewal of leave to appeal

Legal area

Court

17 Dec 2018

HKSAR v. CHEONG MAN KIT

Citation

[2018] HKCA 964
Court

Court of Appeal
Case number

CACC394/2017

The renewal of leave to appeal was refused because the renewed grounds were devoid of merit: the evidence (Pol 40 and police affirmations) established the applicant had breached police bail and was an absconder when committing the offences, which was a serious aggravating factor together with extensive prior dishonesty; the judge's sentencing (including guilty plea discount and ordering partial concurrency) was not manifestly excessive or wrong in principle; accordingly the appeal was dismissed and a loss of time order of two months was properly made under s83W(1) given the unmeritorious rene…
17 Jun 2016

HKSAR v. SHAHID IMRAN YOUNAS

Citation

HKSAR v. SHAHID IMRAN YOUNAS
Court

Court of Appeal
Case number

CACC229/2015

Rule 74 applies to the renewal procedure under rule 42; the Court had power to waive the applicant's non-compliance with the 14 day limit because the delay was not wilful; the Court granted an extension to permit renewal but, on the merits, the renewed application for leave to appeal the sentence was without merit and was refused; given the stark lack of merit the Court exercised s83W(1) to disallow two months of custody time from reckoning against the sentence.
17 Nov 2015

HKSAR v. CHAN KA CHUN

Citation

HKSAR v. CHAN KA CHUN
Court

Court of Appeal
Case number

CACC45/2015

The Court held the judge’s notional 5-year starting point and resultant total sentence of 40 months after plea were not excessive given the offender’s conduct, the youth of the victim, duration of detention, threats and sexual molestation and the offender’s antecedents; the renewed application for leave was plainly without merit and the Court exercised its power under s83W(1) CPO to order one month in custody pending appeal not be reckoned as part of the sentence.
12 Nov 2015

HKSAR v. WOO MEI BO, MABLE

Citation

HKSAR v. WOO MEI BO, MABLE
Court

Court of Appeal
Case number

CACC274/2014

The trial judge failed to give credit for the applicant's partial repayment; although the HK$1.5 million did not constitute full restitution, it reduced the victim's loss by about 19% and warranted a small reduction in sentence; accordingly the Court allowed the renewed appeal in part and substituted the overall sentence on the principal counts from 6 years to 5 years 10 months to reflect that reduction while keeping concurrent sentencing.

Hong Kong Case Law

HKSAR v. CHEONG MAN KIT

HKSAR v. SHAHID IMRAN YOUNAS

HKSAR v. CHAN KA CHUN

HKSAR v. WOO MEI BO, MABLE