Read the full judgment text of FAMV 26/2010 on BabelCite. This Court of Final Appeal judgment was delivered on 15 March 2011 before Chief Justice Ma, Mr Justice Ribeiro PJ, Mr Justice Mortimer NPJ.
Civil procedure – leave to appeal out of time – principle of finality – police disciplinary proceedings – unfair hearing – non-disclosure of cautioned statements – legal representation – change of law – Lam Siu Po v Commissioner of Police – HKSAR v Hung Chan-wa – application dismissed with costs – applicants were policemen acquitted of criminal gambling charges but dismissed after disciplinary proceedings – judicial review dismissed by Burrell J – appeal dismissed by Court of Appeal with Cheung JA dissenting – notices of intention to appeal filed but not pursued – motion for leave out of time dismissed applying finality principle – no exceptional grounds for extension – delay of seven years and conduct 16 years ago undermined feasibility of rehearing – Lam Siu Po did not alter standard of judicial review for fairness – lack of legal aid not sufficient basis for extension – application dismissed with costs.
Legal issues: Leave to appeal out of time
Outcome: Application for leave to appeal out of time dismissed with costs.
Cited by 6 cases · Cites 2 cases