2 Sept 2021
Leave to appeal was refused because the intended appeal had no reasonable prospect of success: the recusal application was unmeritorious, the Recusal Judgment was adverse to the husband, and the court concluded the Costs Decision outcome would not have changed even if the husband had filed a reply, so there is no basis in law or in the interests of justice to grant leave.
21 May 2020
The magistrate correctly refused the application because the appellant failed to provide particulars to establish the essential ingredients of the offence; there was no evidence of bias or unfair hearing, and the appellant had been given proper notice and failed to attend, therefore the appeal is dismissed.
28 Sept 2010
Leave to appeal was refused because the Court found no question of law of great general or public importance and concluded the Tribunal lawfully admitted limited Harbour Ring evidence, legitimately drew strong adverse inferences from overwhelming circumstantial evidence (including timing of calls and trading), and provided adequate reasons; the applicants did not establish procedural unfairness or legal error warranting leave to the Court of Final Appeal.
7 May 2010
The court refused extension of time because the delays were excessive, the public policy of finality applied with full force to police disciplinary decisions, granting leave would cause substantial prejudice and administrative detriment (lost records, unavailable witnesses, floodgate risk), and a subsequent change in law alone (Lam Siu Po) and arguable merits did not constitute sufficient exceptional circumstances to override finality.
30 May 2008
The applicant failed to prove on the necessary clear and credible factual foundation that the decision not to challenge identification evidence was due entirely to incompetence of his representative or that he suffered unfairness; he was present, understood proceedings and adopted the defence strategy; therefore judicial review must be dismissed.
28 May 2003
The Court held the Commissioner’s certificate is only prima facie evidence under s115A(9) and that the Lands Tribunal presiding officer, by treating the certificate as conclusive and failing to ensure the unrepresented tenant had the opportunity to rebut it, committed an irregularity depriving the tenant of a fair hearing; the tenant satisfied the Ladd v Marshall tests for fresh evidence as to primary user (could not have adduced at hearing because of the irregularity, the evidence was important and credible), so the Court admitted the fresh evidence, set aside the possession order and remitt…
13 Apr 1994
The judge's private listening to the contested interview tape in chambers, without alerting or affording the defence an opportunity to address adverse impressions thereby formed, constituted a material irregularity; because the convictions rested on the admissions from that interview, the irregularity rendered the convictions unsafe and they were quashed.
29 Jun 1990
The appellants were not entitled to further disclosure or an additional hearing beyond that already afforded because the 1951 Convention had not been extended to Hong Kong, the ICCPR Article 13 right to review/representation was subject to a UK reservation for Hong Kong, and the legislative scheme manifested an intention to leave the Director's discretion unfettered except where statute provided otherwise; accordingly there was no breach of natural justice and the Removal Orders were lawfully made.
8 Feb 1983
Majority held Rule 2(b) discretionary ground not met; contract ground under Rule 2(a) failed because no contract was pleaded and matter not properly before court; however majority concluded that because the Stewards' sole reason for refusal would, if irrational, inevitably require grant of a licence, the appeal involved a civil right effectively of the requisite monetary value and therefore leave to appeal to the Privy Council should be granted subject to conditions. Dissent held the real civil right was only the right to a fair hearing, not a monetisable right to work, and therefore Rule 2(a…