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Hong Kong Case Law

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Administrative law [2026] HKCFI 2490

DE GUZMAN LORNA FRANCIA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The Court of First Instance dismissed an application for leave to seek judicial review of a non-refoulement appeal decision, finding no arguable public law error.

  • Non-refoulement
  • Torture risk
  • Leave to apply for judicial review
  • Unified screening mechanism
  • State protection
  • Procedural fairness
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Administrative law [2026] HKCFI 1933

WARNAKULASURIYA MARIYA INDIKA AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

The court dismissed the 1st applicant’s leave application, but extended time and granted leave to the 2nd applicant, a minor, to seek judicial review of a non-refoulement decision.

  • Non‑refoulement
  • Statelessness
  • Torture/cidtp
  • Judicial review (leave)
  • Extension of time
  • Tribunal jurisdiction
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Arbitration [2026] HKCFI 1795

SIC v. WI AND ANOTHER

The Court ordered partial security of US$600,000 and adjourned the setting-aside application, rejecting immediate enforcement but not accepting WI’s fraud case on brief review.

  • Setting aside award
  • Security for costs
  • Procedural fraud
  • Document production/discovery
  • Recognition and enforcement
  • Stay/adjournment
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Constitutional law [2026] HKCFI 1532

HUSSAIN KAUSAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave for judicial review was refused because the applicant identified no arguable legal error in the Board’s dismissal of his non-refoulement claim.

  • Leave to apply for judicial review
  • Non-refoulement
  • Torture
  • Cruel inhuman or degrading treatment or punishment
  • Credibility findings
  • State protection
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Arbitration law [2026] HKCFI 658

R v. C

The court granted leave to amend a security-for-costs summons but dismissed it, holding no security should be ordered in this arbitration-related challenge.

  • Challenge to arbitrator appointment
  • Section 26 arbitration ordinance
  • Uncitral model law article 13
  • Security for costs in arbitration-related court proceedings
  • State immunity (prc 2023 law)
  • Procedural agreements on challenge procedures
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Immigration [2026] HKCFI 235

AHAMED MOHAMMAD SHAMIM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave for judicial review was dismissed in a non-refoulement claim. The court held any issue with reliance on the Malaysia stay was not material to the inevitable outcome.

  • Non-refoulement
  • Torture claims
  • Credibility assessment
  • Procedural fairness
  • Statutory interpretation
  • Judicial-review
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Constitutional law [2025] HKCFI 6177

ERIH NURYANTI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave to apply for judicial review was dismissed because the applicant’s grounds were vague, no legal error or procedural unfairness was shown, and internal relocation in Indonesia was available.

  • Non-refoulement
  • Torture risk
  • Procedural fairness
  • Internal relocation
  • Leave to apply for judicial review
  • Screening and appeal process
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Family law [2025] HKCFI 6345

SECRETARY FOR JUSTICE (in his capacity as the Central Authority designated under the Child Abduction and Custody Ordinance, Cap. 512) v. SK AND ANOTHER

The Court ordered the return of two children to the Czech Republic under the Hague Convention, rejected the mother’s immunity claims, and awarded costs against her.

  • Hague convention return proceedings
  • Wrongful removal
  • Article 13 grave risk exception
  • Consular immunity
  • State immunity
  • Costs under article 26
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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.