ZN v. SECRETARY FOR JUSTICE AND OTHERS

ZN v. SECRETARY FOR JUSTICE AND OTHERS

Leave to adduce the expert report of Ms Klara Skrivankova dated 12 October 2015 is granted insofar as it addresses specialist matters (indicia, characteristics and victim identification in human trafficking) that will assist the Court; but the report is inadmissible insofar as it makes primary factual findings or...

Source-derived case information.

Citation
ZN v. SECRETARY FOR JUSTICE AND OTHERS
Parties
Applicant: ZN; 1st Respondent: Secretary for Justice; 2nd Respondent: Director of Immigration; 3rd Respondent: Commissioner of Police; 4th Respondent: Commissioner for Labour
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2015
Case Number
HCAL15/2015
Procedural Posture
Judicial Review (constitutional and Administrative Law) / Application for Leave to Adduce Expert Evidence (decision)
Outcome
Leave granted in part: expert report admitted except for parts that make factual findings or reach ultimate conclusions
Legal Topics
Expert Evidence Admissibility, Victim Identification, Human Trafficking, Forced Labour, State Obligations
Source Language
en
Constitutional Law Administrative Law Evidence Law Human Trafficking Law Immigration Law Expert Evidence Admissibility Victim Identification Human Trafficking +2 more

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Parties

ZN

Applicant

Secretary for Justice

1st Respondent

Director of Immigration

2nd Respondent

Commissioner of Police

3rd Respondent

Commissioner for Labour

4th Respondent

Procedural Posture

Judicial Review (constitutional and Administrative Law) / Application for Leave to Adduce Expert Evidence (decision)

Legal Issues

  1. 1 Whether expert evidence on human trafficking is admissible in judicial review proceedings
  2. 2 Whether an expert may make factual findings or opine on the ultimate issue
  3. 3 Whether the expert's specialized knowledge would assist the court on victim identification and related concepts

Ratio Decidendi

Leave to adduce the expert report of Ms Klara Skrivankova dated 12 October 2015 is granted insofar as it addresses specialist matters (indicia, characteristics and victim identification in human trafficking) that will assist the Court; but the report is inadmissible insofar as it makes primary factual findings or expresses conclusions on the ultimate issue of whether the applicant was a victim of trafficking, because those matters are for the Court to decide.

Court Disposition

Leave granted in part: expert report admitted except for parts that make factual findings or reach ultimate conclusions

Orders

  • Leave to adduce the expert report of Ms Klara Skrivankova dated 12 October 2015, except those parts addressing primary factual findings and ultimate conclusions
  • If ambiguity exists as to which passages are excluded, parties may seek further direction from the Court