Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Time-bar / statute of limitations

Legal area

Court

7 Oct 2016

SECRETARY FOR JUSTICE v. CHAN AO TIEN

Citation

SECRETARY FOR JUSTICE v. CHAN AO TIEN
Court

Court of Appeal
Case number

CACV128/2016

Leave to appeal was refused because there was no arguable prospect of success: fresh leave applications and fresh originating summonses were valid notwithstanding prior lapse (administrative case numbers immaterial); the 6-month time-bar in s26 Magistrates Ordinance does not analogously constrain committal for criminal contempt; non-disclosure of the prior lapse was not material on the facts; no legitimate expectation arose from magistrates' charging history.
7 Oct 2016

SECRETARY FOR JUSTICE v. WONG HO MING

Citation

SECRETARY FOR JUSTICE v. WONG HO MING
Court

Court of Appeal
Case number

CACV82/2016

Leave to appeal was refused because (i) fresh leave granted after lapse of earlier leave was procedurally valid and the use of the same case numbers was an administrative matter not determinative, (ii) there was no reasonably arguable basis to import the 6-month time-bar or statutory sentencing limits applicable to s.23 Summary Offences Ordinance into committal for criminal contempt, (iii) the alleged non-disclosure of the lapse of prior leave was not material in the circumstances, and (iv) no legitimate expectation arose that magistrates' protections applied exclusively.