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Hong Kong decisions
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The High Court allowed the applicant to withdraw her leave application for judicial review after finding the withdrawal was informed and voluntary.
The applicant’s application for leave to seek judicial review was withdrawn after the court accepted her affidavit showed a voluntary, informed and conscious decision.
Leave was granted for judicial review of the Director of Immigration’s refusal to allow a subsequent non-refoulement claim under s 37ZO.
The applicant withdrew a leave application for judicial review. The Court dismissed the application, noting there was no outstanding matter.
The Court of First Instance dismissed a judicial review leave application after the applicant sought to withdraw it, finding the withdrawal was voluntary and nothing remained outstanding.
On a rehearing the court accepted unchallenged Building Department witness evidence and CCTV showing excavation and pipe replacement; the works were not exempt or minor and no prior approvals or registered contractor appointment were produced; appellants' explanations were inconsistent and rejected; fresh evidence application failed the Rahman test; convictions were therefore proven beyond reasonable doubt and are upheld.
Source excerpt
Leave to seek judicial review was dismissed as out of time and without merit. The court found no arguable error in the Board’s non-refoulement decision.
On re‑hearing the court accepted the prosecution witnesses and video evidence as credible, rejected the appellant's account as not credible, concluded the evidence proved all elements of the three fixed‑penalty offences beyond reasonable doubt, and held the aggregate fines were within lawful sentencing range and not manifestly excessive; appeal dismissed.
Source excerpt
The Coroner directed that seven next of kin will participate; death investigation reports and witness statements have been provided to properly interested persons; the substantive inquest is listed to commence on 6 May 2025 with 60 days reserved; a third pre-inquest review is scheduled for 14 January 2025 to deal with requests for further information and outstanding matters.
Source excerpt
The Court of First Instance dismissed a leave application for judicial review after the applicant asked to withdraw it, with no outstanding issues left in the case.
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