Hong Kong Case Law: Decisions & Judgments

Topic

S.14aa high court ordinance

Legal area

Court

4 Sept 2023

HONG KONG FINANCE COMPANY LTD v. WAH FUNG FOREST RESOURCES LTD AND OTHERS

Citation

[2023] HKCFI 2248
Court

Court of First Instance
Case number

HCA1694/2020

Leave to adduce the additional evidence was granted under the second limb of s.14AA(4) because there was a substantive appeal on foot and the additional evidence had been dealt with in the Decision, but the first limb (reasonable prospect of success) was not made out given the new estoppel argument and absence of authority or clear basis to show the Plaintiff could be bound by the alleged representation.
23 Aug 2023

SECRETARY FOR JUSTICE v. PERSONS CONDUCTING THEMSELVES IN ANY OF THE ACTS PROHIBITED UNDER PARAGRAPH 1(a), (b), (c) OR (d) OF THE INDORSEMENT OF CLAIM

Citation

[2023] HKCFI 2148
Court

Court of First Instance
Case number

HCA855/2023

Leave to appeal was granted in part because the matters raised involved questions of law and the interests of justice given the national security context under s.14AA(4); specifically leave was granted on Grounds 1,2,3,4(7),5 and part of 7 as arguable legal issues, while other grounds were denied where no proper basis for leave or where issues were procedural or unsupported by the record.
14 Jul 2020

H v. DIRECTOR OF IMMIGRATION

Citation

[2020] HKCFA 22
Court

Court of Final Appeal
Case number

FACV1/2020

A refusal to grant an extension of time to apply for leave to apply for judicial review is part and parcel of, and leads to, a refusal of leave; such a refusal falls within RHC O.59 r.21(1)(g) and therefore does not require leave under s.14AA to be appealed to the Court of Appeal. The Court of Appeal decision in MI to the contrary is overruled in that respect.
10 Mar 2020

AH v. DIRECTOR OF IMMIGRATION

Citation

[2020] HKCFA 5
Court

Court of Final Appeal
Case number

FAMV3/2020

The Appeal Committee granted leave to appeal to the Court of Final Appeal to consider two certified questions: (1) whether leave to appeal under s.14AA(1) is required where the CFI refuses an extension of time to apply for leave for judicial review (including where extension and leave hearings coincide); and (2) whether s.14AB insofar as it relates to judicial review is inconsistent with Article 82 of the Basic Law. Consideration of other certified questions was adjourned pending determination of these questions; the appeals were listed for hearing.
17 Dec 2009

MAN EARN LTD v. SING YAU SANG

Citation

MAN EARN LTD v. SING YAU SANG
Court

Court of First Instance
Case number

HCA5957/1992

Leave to appeal was refused because the plaintiff failed to substantiate its assertion of legal error and therefore did not demonstrate a reasonable prospect of success under s.14AA(4) of the High Court Ordinance.

Hong Kong Case Law

HONG KONG FINANCE COMPANY LTD v. WAH FUNG FOREST RESOURCES LTD AND OTHERS

SECRETARY FOR JUSTICE v. PERSONS CONDUCTING THEMSELVES IN ANY OF THE ACTS PROHIBITED UNDER PARAGRAPH 1(a), (b), (c) OR (d) OF THE INDORSEMENT OF CLAIM

H v. DIRECTOR OF IMMIGRATION

AH v. DIRECTOR OF IMMIGRATION

MAN EARN LTD v. SING YAU SANG