Hong Kong Case Law: Decisions & Judgments

Topic

Admissibility of new grounds on appeal

Legal area

Court

24 Oct 2024

RE SARNIAWATI BT SARIM ABU

Citation

[2024] HKCA 960
Court

Court of Appeal
Case number

CACV60/2023

Leave to apply for judicial review was properly refused because the applicant failed to identify any arguable legal error, procedural unfairness or irrationality in the Board's Decision, failed to show a realistic prospect of success, raised new grounds improperly on appeal, and waived oral hearing by failing to comply with directions; the Board's findings were not Wednesbury unreasonable.
16 Oct 2024

VU NGOC DAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCA 931
Court

Court of Appeal
Case number

CAMP355/2023

The applicant's delay of over ten months was inexcusable, he failed to demonstrate a real prospect of success on the merits, and the proposed new fact‑sensitive grounds were not previously raised; therefore no extension of time to appeal was justified and the summons was dismissed.
6 Feb 2023

GALLEGO VALDES AUGUSTO v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2023] HKCA 116
Court

Court of Appeal
Case number

CACV115/2022

The appeal is dismissed because the applicant failed to plead any reasonably arguable ground for judicial review, did not comply with procedural directions to lodge skeleton arguments (warranting determination on paper), and the Leave Decision disclosed no error of law, procedural unfairness or irrationality that would justify granting leave.
10 Sept 2021

LI CHIU WAH JOSEPH v. HONG KONG SOCIETY OF NOTARIES

Citation

[2021] HKCA 1270
Court

Court of Appeal
Case number

CACV394/2020

The summons to re-amend the Notice of Appeal to add Ground 6A was dismissed because the proposed ground was not a pure point of law, raised a fact‑sensitive issue requiring evidence and determinations appropriately made at first instance, and raising it on appeal would be unfair to the Respondent under the Flywin/Lehmanbrown fairness principle; accordingly the Court refused the amendment and ordered costs against the Applicant in the sum of HK$60,600.
10 Jul 2019

SOHI MANPREET SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER

Citation

[2019] HKCA 757
Court

Court of Appeal
Case number

CACV140/2019

The Judge did not err in refusing leave: the applicant was barred from judicial review of the Director's decision, the complaints against the Board were not reasonably arguable because the Board's adverse credibility findings and decision were supported and not Wednesbury unreasonable, and the alleged lack of language assistance did not demonstrate procedural unfairness sufficient to overturn the Judge's refusal of leave; new grounds raised on appeal were inadmissible.
15 Mar 2019

CHY MD FAYEJ AHAMAD v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2019] HKCA 311
Court

Court of Appeal
Case number

CACV366/2018

The appeal is dismissed because the judge correctly refused leave: the applicant did not demonstrate any error of law or procedural unfairness in the Director's or Board's decisions, failed to provide particulars or evidence to rebut the Board's findings, and raised new fact-sensitive grounds on appeal which were not before the judge and therefore cannot be entertained.
29 Oct 2018

RE MD ZAHIDUR RAHMAN MANIK

Citation

[2018] HKCA 766
Court

Court of Appeal
Case number

CACV314/2018

The Court allowed the appeal and granted leave because, having considered the new grounds (permitted in the interests of justice given the applicant's post-judge assistance), the proposed judicial review was reasonably arguable and met the Po Fun Chan threshold; the applicant was ordered to file an originating summons within 14 days setting out the grounds relied upon.

Hong Kong Case Law

RE SARNIAWATI BT SARIM ABU

VU NGOC DAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

GALLEGO VALDES AUGUSTO v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

LI CHIU WAH JOSEPH v. HONG KONG SOCIETY OF NOTARIES

SOHI MANPREET SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER

CHY MD FAYEJ AHAMAD v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

RE MD ZAHIDUR RAHMAN MANIK