Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Time bar/statutory limitation

Legal area

Court

6 May 2016

SECRETARY FOR JUSTICE v. CHAN JEFFREY

Citation

SECRETARY FOR JUSTICE v. CHAN JEFFREY
Court

Court of First Instance
Case number

HCMP2921/2015

The court dismissed the respondents' summonses: there is no implied six‑month statutory time bar imported into committal proceedings; the Secretary lawfully exercised prosecutorial discretion to pursue committal for contempt based on public‑interest reasons; Order 52 permits the court to grant fresh leave after earlier leave lapsed and the seeking of fresh leave in these circumstances did not amount to abuse of process; accordingly the Second Leave stood and the applications to set it aside were dismissed with costs.
7 Dec 1994

RE TAI TUNG INDUSTRIAL EQUIPMENT LTD.

Citation

RE TAI TUNG INDUSTRIAL EQUIPMENT LTD.
Court

Court of First Instance
Case number

HCMP2262/1994

The letters of 2 January 1992 and 14 October 1992 did not constitute claims under s.12 Cap.127: they were proposals to negotiate modification of a Crown lease and were sent before the rights were extinguished by gazettal; s.12 requires a written claim with sufficient particulars (including the sum) after gazettal to enable the Director to perform s.13 duties; the Director had no power to waive statutory requirements and estoppel could not be invoked; accordingly there was no valid s.12 claim to be considered and the application for mandamus and declarations fails.