Hong Kong Case Law: Decisions & Judgments

Topic

Timeliness of applications

Legal area

Court

20 Oct 2023

史超 v. 均富有限公司 AND ANOTHER

Citation

[2023] HKDC 1472
Court

District Court
Case number

DCCJ5015/2017

Application dismissed because the medical evidence failed to answer critical requisitions about the plaintiff's ability to give and complete evidence (including endurance of stress, suitability for cross‑examination and ability to attend proposed hours), the plaintiff's willingness to attempt travel undermined the asserted inability to travel, and the application was late and prejudicial to the 2nd defendant; therefore no valid reason justified departing from in‑person testimony and the balance of interests required refusal.
20 Nov 2015

HKSAR v. THANASEGARAN ARUMUGAM

Citation

HKSAR v. THANASEGARAN ARUMUGAM
Court

Court of Appeal
Case number

CACC314/2014

The court refused to certify any points of law under s32(2) because the applicant gave no satisfactory explanation for the four month delay and the issues raised had been addressed in prior judgments and lacked merit; consequently the Notice of Motion was dismissed and no certificate issued.
15 Sept 2014

HKSAR v. WANG Weilie

Citation

HKSAR v. WANG Weilie
Court

Court of Appeal
Case number

CACC478/2011

Locality was a matter of jurisdiction not an ingredient of the offence; the applicant expressly or impliedly conceded jurisdiction at trial by counsel's indication and by pleading to manslaughter, therefore the jurisdictional issue was not live and the question of the appropriate standard of proof did not arise; the certification application was also out of time and without merit and is dismissed.
27 Oct 2005

HKSAR v. KAM SUSANTO

Citation

HKSAR v. KAM SUSANTO
Court

Court of Appeal
Case number

CACC542/2003

The Court refused to grant a certificate because the application was considerably out of time with no satisfactory explanation and did not raise points of law of great and general importance not already decided.
10 May 2002

HKSAR v. MA KAM SAN

Citation

HKSAR v. MA KAM SAN
Court

Court of Appeal
Case number

CACC203/1999

The Court refused certification under s32 because the points were already the subject of proceedings before the Court of Final Appeal, the application was out of time and lacked merit, and the court record demonstrated a proper verbal warning and adjournment occurred before the six‑month loss of time order.

Hong Kong Case Law

史超 v. 均富有限公司 AND ANOTHER

HKSAR v. THANASEGARAN ARUMUGAM

HKSAR v. WANG Weilie

HKSAR v. KAM SUSANTO

HKSAR v. MA KAM SAN