Hong Kong Case Law: Decisions & Judgments

Topic

Timeliness of appeals

Legal area

Court

14 Dec 2021

SK WASIM v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2021] HKCFI 3770
Court

Court of First Instance
Case number

HCAL1973/2020

The court acceded to the applicant's expressed wish to withdraw his application for leave to apply for judicial review because the applicant informed the court that his problem in his home country had been resolved and he wished to return; accordingly the application was withdrawn and the scheduled hearing vacated. The court did not decide the merits of the underlying non-refoulement or timeliness issues.
16 Nov 2020

MD YOUSUF MIAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2020] HKCA 925
Court

Court of Appeal
Case number

CACV172/2020

The Court of Appeal dismissed the appeal because the applicant failed to identify any error in the Judge's refusal of leave; the Board and Judge had not committed errors of law, mistake of fact or procedural impropriety in dismissing the out-of-time appeal and rejecting the non-refoulement claim, and the applicant had no reasonable chance of success in judicial review.
19 Dec 1991

THE QUEEN v. LAI KOK ON

Citation

THE QUEEN v. LAI KOK ON
Court

Court of Appeal
Case number

CACC192/1991

Leave out of time refused because the applicant was very substantially out of time, advanced no meritorious challenge to sentence given the established tariff and the trial judge's merciful approach, and had the opportunity to appeal sentence earlier; therefore refusal was justified.

Hong Kong Case Law

SK WASIM v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MD YOUSUF MIAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

THE QUEEN v. LAI KOK ON