16 Oct 2023
RE KAMALJEET SINGH
- Citation
- [2023] HKCA 1195
- Court
- Court of Appeal
- Case number
- CACV126/2023
The Court held that the 1st Board Decision refusing the applicant's appeal as late was erroneous in law because the Board miscalculated service/time and failed to consider whether the Board's closure/working-day practice and fairness required treating the appeal as in time or allowing the late filing; the 2nd Board Decision was tainted because it relied on the erroneous 1st Board Decision and wrongly applied res judicata where the prior decision was procedural (not on the merits) and new material (BOR2 evidence) was presented; accordingly both Board decisions were quashed, leave to apply for…