NG CHUN KEUNG v. COMMISSIONER OF CORRECTIONAL SERVICES

HCMP 204/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 204 OF 2010

(ON AN INTENDED APPEAL FROM HCAL NO. 132 OF 2009)

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NG CHUN KEUNG(吳振強) Applicant
and
COMMISSIONER OF CORRECTIONAL SERVICES(懲教署署長) Respondent

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Before: Hon Tang VP and Wright J in Court

Date of Hearing: 26 February 2010

Dates of further written submissions of the Applicant: 26 February, 5 & 11 March 2010

Dates of further written submissions of the Respondent: 3 & 10 March 2010

Date of Decision: 19 March 2010

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DECISION

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Hon Tang VP (giving the decision of the Court):

1. The applicant applies for an extension of time to appeal against the order of A Cheung J made on 8 December 2009 in HCAL 132/2009. The application was heard at the same time as CACV 277/2009. The applicant is also a serving prisoner who has lost 5 days of remissionas a result of a disciplinary prison decision.

2. HCAL 132/2009 was an application for leave to apply for judicial review which was refused by A Cheung J, on consideration of documentsonly, on 8 December 2009. The applicant applied for legal aid by letter dated 8 December 2009. Unfortunately, that letter was onlyreceived on 23 December 2009. As a result there was a delay of 13 days in lodging a Notice of Appeal. For a short delay becauseof some mishap or misunderstanding or administrative delay in the settlement of documents, we would be prepared to grant an extensionof time to appeal, if there is a reasonable prospect of success on appeal.

3. The applicant relies on the same grounds as those advanced in CACV 277/2009.

4. For the reasons we gave in CACV 277/2009, it is clear that the appeal will not succeed. It follows that the applicant’s intendedappeal has no reasonable prospect of success.

5. The application for leave to appeal out of time is dismissed.

(Robert Tang)
Vice-President
(Alan Wright)
Judge of the Court of First Instance

Mr. Kwok Sui Hay, instructed by Messrs Brian Kong & Co., assigned by Director of Legal Aid, for the Applicant

Mr. Andrew Y. S. Mak, instructed by Department of Justice, for the Respondent