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Hong Kong decisions
Decisions matching the current search
Leave for judicial review was granted in a non-refoulement case after the Court found arguable Wednesbury errors in credibility reasoning and in the alternative protection analysis.
Leave to appeal against sentence was granted in a conspiracy to defraud case arising from alleged human trafficking. The court will consider whether sentence could reflect facts beyond the charge.
The Court of First Instance considered two judicial review applications by Kenyan FDHs challenging TIP screening and BOR4-related protections. M succeeded only on Ground 1.
Judicial review over Hong Kong’s trafficking screening and BOR4 duties. One applicant succeeded on a policy-compliance point; challenges to bespoke offences and treaty-based duties failed.
The Court of Appeal refused leave to appeal against sentence out of time, holding that the delay lacked justification and the proposed grounds were not arguable.
Hong Kong Court of Appeal held CB’s allegations could meet the credible-suspicion threshold for trafficking and forced labour, but set aside a causation declaration.
The Court of First Instance refused leave for judicial review of a decision not to carry out a fresh trafficking screening, holding the claim was an abuse of process and time-barred.
The Court of First Instance dismissed two summonses to adduce expert evidence in judicial review proceedings, finding the proposed opinions unnecessary and irrelevant.
The Court of First Instance granted a claimant leave to appeal in a labour tribunal matter, holding that the IOM trafficking report raised arguable questions of law.
Appeal in an overstaying conviction allowed after the court held the conviction was unsafe because credibility criticisms were not put in cross-examination.
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