Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Restoration of abandoned appeal

Legal area

Court

14 Oct 2010

HKSAR v. YAU KA MING

Citation

HKSAR v. YAU KA MING
Court

Court of Appeal
Case number

CACC322/2009

The Court treated the notice of abandonment as a nullity because, on the evidence, the applicant did not appreciate its legal effect and immediately sought legal aid; however, on the merits the Court dismissed the application for leave to appeal because the conviction was supported by admissible evidence (including a voluntary admission and indicia of trafficking) and allegations of planting or police misconduct were unsupported and insufficient to overturn the conviction.
15 Feb 2008

HKSAR v. CHAN MAN KWONG PHILIP

Citation

HKSAR v. CHAN MAN KWONG PHILIP
Court

Court of Appeal
Case number

CACC354/2006

Because the applicant misunderstood the legal effect of abandoning his leave application, the abandonment was treated as a nullity and the court restored the appeal; the court held that while disparity alone would not justify interference, the applicant's assistance to the ICAC warranted a discount (approximating the established 17%) which justified reducing the applicant's sentence by just over seven months and ordering his immediate discharge.