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Hong Kong Case Law

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Constitutional and administrative law [2023] HKCFI 1983

RAMANJIT SINGH v. COMMISSIONER OF CORRECTIONAL SERVICES AND ANOTHER

The Court of First Instance dismissed a habeas corpus challenge to extradition committal proceedings, upheld the committal order, and held the section 5 application failed on the evidence.

  • Habeas corpus
  • Committal proceedings
  • Section 5 bars to extradition
  • Admissibility of evidence
  • Remission and amendment of particulars
  • Non‑refoulement/torture claims
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Extradition law [2021] HKCA 865

RAMANJIT SINGH alias ROMI v. THE GOVERNMENT OF THE REPUBLIC OF INDIA

Hong Kong Court of Appeal held that escape from lawful custody falls within the India extradition agreement’s catch-all clause and is a relevant offence.

  • Dual criminality
  • Catch-all / residual clause
  • Fugitive offenders surrender
  • Relevant offence
  • Article 2(1)(xxxiv) interpretation
  • Committal proceedings
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Extradition law [2020] HKCFI 2603

THE GOVERNMENT OF THE REPUBLIC OF INDIA v. RAMANJIT SINGH alias ROMI

Appeal in an extradition/surrender case dismissed. The court held that escape from lawful custody was not a relevant offence under the India-Hong Kong agreement.

  • Surrender of fugitive offenders
  • Relevant offence under treaty residual clause
  • Interpretation of extradition treaty provisions
  • Evidence of foreign law (expert evidence)
  • Extradition-law
  • Treaty-interpretation
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Criminal law [2020] HKCFI 2688

TONG YING KIT v. HKSAR

法院确认有权就人身保护令程序判给讼费,但拒绝判给弥偿基准讼费;两项传票均被驳回,原讼费用命令维持。

  • Habeas corpus
  • Costs
  • Indemnity costs
  • Abuse of process
  • Public interest litigation
  • National security law
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Extradition law [2020] HKCA 708

XIE JING FENG v. SUPERINTENDENT OF LAI CHI KOK RECEPTION CENTRE AND ANOTHER

The Court of Appeal refused leave to appeal to the Court of Final Appeal in extradition-related proceedings, holding the issues lacked merit and public importance.

  • Duty of disclosure in extradition
  • Request for surrender authentication
  • Jurisdiction of committal magistrate
  • Admissibility of confession statements
  • Extension of time to appeal
  • Leave to appeal to court of final appeal
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Constitutional and administrative law [2019] HKCFI 2174

XIE JING FENG v. HONG KONG SAR GOVERNMENT AND ANOTHER

The Court of First Instance dismissed an application for extension of time to set down an appeal arising from habeas corpus proceedings, finding no reasonable prospect of success.

  • Habeas corpus
  • Extension of time
  • Surrender/extradition
  • Comittal order
  • Admissibility of confessions
  • Authority to proceed
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Extradition law [2019] HKCFI 2115

XIE JING FENG AKA DAVID CHOW v. CHIEF EXECUTIVE OF GOVERNMENT OF HKSAR

The Court of First Instance dismissed an application for production of the request for surrender in extradition proceedings and set a rolled-up hearing with evidence directions.

  • Surrender order
  • Production of documents
  • Non-refoulement
  • Death penalty risk
  • Torture risk
  • Habeas corpus
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Constitutional law [2019] HKCFI 454

XIE JING FENG v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Leave to apply for judicial review was refused because the applicant raised no reasonably arguable legal error, procedural unfairness, or irrationality in the BOR 2 risk assessment.

  • Non-refoulement
  • Hkbor article 2 right to life
  • Hkbor article 3 prohibition of torture
  • Torture convention
  • Judicial review leave
  • Judicial-review
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Administrative law [2018] HKCA 555

XIE JING FENG v. DIRECTOR OF IMMIGRATION AND ANOTHER

The Court of Appeal refused an out-of-time application for leave to appeal to the Court of Final Appeal, finding the delay and proposed grounds did not justify extension.

  • Extension of time
  • Leave to appeal
  • Non-refoulement/torture
  • Procedural delay
  • Merits assessment
  • Bias/conflict of interest
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Immigration law [2018] HKCA 145

XIE JING FENG v. DIRECTOR OF IMMIGRATION AND ANOTHER

The Court of Appeal refused an extension of time to appeal and dismissed a judicial review challenge to the refusal of non-refoulement protection, finding no reasonably arguable case.

  • Non‑refoulement
  • Torture (cat convention)
  • Article 3 hkbor
  • Procedural fairness
  • Judicial review leave
  • Extension of time
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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.