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Hong Kong Case Law

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Criminal law [2026] HKCFI 1177

香港鐵路有限公司 訴 吳兆有

經重審全部證據後,法庭確信控方已在毫無合理疑點下證明三項附例罪行,裁判官的事實評價並無不當,且合計罰款HK$4,000在本案情況下並不屬明顯過重,因此駁回上訴,維持定罪及判處。

  • Appeal against conviction
  • Appeal against sentence
  • Failure to comply with staff instructions
  • Carrying prohibited luggage
  • Refusal to provide personal particulars
  • Rehearing standard on appeal
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Criminal law [2025] HKCFI 4043

香港特別行政區 訴 黃綺霞及另三人

On a full re‑examination of the evidence the court concluded the trial judge correctly rejected the appellants' oral testimony as not credible or reasonably capable of constituting a reasonable excuse; documentary and inspection evidence proved prolonged non‑compliance with properly served s24 orders; therefore the prosecution proved the offences beyond reasonable doubt and the convictions must be upheld.

  • Failure to comply with buildings department order
  • Reasonable excuse defence
  • Credibility of witnesses
  • Retrial standard on magistrates' court appeal
  • Admission of departmental statements
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Criminal law [2025] HKCFI 4785

香港特別行政區 訴 甄群優

The application for a certificate under s32 was refused because the applicant merely re‑ran factual disputes and arguments already determined at trial and on appeal and failed to show any point of law of wide and general importance as required by s32(2) of the Court of Final Appeal Ordinance.

  • Leave to appeal under court of final appeal ordinance s32
  • Buildings ordinance (cap.123) — s40(1ba), s14, s24(1)
  • Lawfulness of statutory orders
  • Evidence reliability
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Criminal law [2025] HKCFI 1735

香港特別行政區 訴 周寶江及另四人

The court held that s19 presumptions applied, appellants bore only an evidential burden which they failed to discharge because the overall evidence (CCTV, interview admissions, duration and chips observed) did not raise a reasonable doubt that the premises were a gambling establishment or that gambling there was not commercial; s3(2) defence was not established on the evidence; accordingly prosecution proved the offence beyond reasonable doubt and the convictions were upheld.

  • Presumptions under gambling ordinance s19
  • Evidential burden (proposal burden)
  • S3(2) defence — private premises/social occasion
  • Cctv evidence and weight of interview records
  • Review/recall of trial decision (review hearing)
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Administrative law [2025] HKCA 221

RE MAHMOOD TARIQ

The Court of Appeal dismissed an out-of-time application for leave to appeal to the Court of Final Appeal, finding no adequate explanation for the delay or public-importance issue.

  • Non-refoulement
  • Extension of time
  • Leave to appeal to cfa
  • Procedural compliance
  • Public importance test
  • Extension-of-time
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Administrative law [2025] HKCA 155

RE BUI XUAN PHUC

The Court of Appeal dismissed an application for leave to appeal to the Court of Final Appeal, finding no question of great general or public importance and no proper grounds.

  • Leave to appeal to court of final appeal
  • Section 22(1)(b) hkcfao
  • Judicial review
  • Refoulement/non-refoulement
  • Practice direction 2.1 compliance
  • Leave-to-appeal
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Administrative law [2025] HKCA 113

RE LAZAGA GINA CARBONELL

The Court of Appeal dismissed an application for leave to appeal to the Court of Final Appeal, finding no question of general or public importance and no specific error shown.

  • Leave to appeal under s22(1)(b) hkcfao
  • Judicial review standards
  • Country of origin information
  • Procedural fairness
  • Irrationality
  • Leave-to-appeal
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Civil procedure [2024] HKCFI 2422

YOUNG CRYSTAL LTD AND OTHERS v. HANG SENG BANK LTD

The court awarded indemnity costs and a personal wasted costs order against S.W. Wong & Associates after finding the leave-to-appeal application was procedurally hopeless and abusive.

  • Indemnity costs
  • Wasted costs order
  • Leave to appeal
  • Abuse of process
  • Solicitor personal liability
  • Indemnity-costs
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Civil procedure [2024] HKCA 111

李智慧 對 泰加保險有限公司及另一人

The application for leave to appeal was refused because the applicant failed to demonstrate any realistic prospect of success or other reason in the interests of justice: she repeated points already considered and rejected by the lower judge; service was properly effected and the District Court was entitled to proceed in the applicant's absence; the Insurance Ordinance does not give rise to a private right of action or a mechanism to divert fines to compensate the applicant; priority in winding up is irrelevant; the judge who made the perfected order was functus officio so the correct route w…

  • Leave to appeal
  • Strike out / dismissal
  • Service of process
  • Functus officio
  • Statutory interpretation
  • Costs assessment
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Immigration law [2024] HKCA 12

HAIDER MUHAMMAD USMAN alias MALIK MUHAMMAD OSMAN HAYADAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

The Court of Appeal dismissed an appeal against refusal of leave to seek judicial review in a non-refoulement case, finding no viable ground of error or irrationality.

  • Non-refoulement
  • Leave to apply for judicial review
  • Judicial review standards
  • Credibility assessment
  • Internal relocation
  • Procedural fairness
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.