Hong Kong Case Law: Decisions & Judgments

Topic

Article 28 basic law

Legal area

Court

19 Nov 2025

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

Citation

[2025] HKCFI 5518
Court

Court of First Instance
Case number

HCAL110/2021

Leave to apply for judicial review was refused because the Director's decision was superseded by the Board's decision and thus not reviewable post-appeal; the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Board applied the correct legal principles (Article 2 HKBORO not engaged on facts), considered COI and state protection, and its decision met the enhanced Wednesbury standard.
4 Sept 2025

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

Citation

[2025] HKCFI 4021
Court

Court of First Instance
Case number

HCAL1205/2020

Leave was refused because the Applicant failed to identify arguable grounds with realistic prospects of success; the Board's Decision was comprehensive, addressed Article 2 HKBORO, and met the enhanced Wednesbury standard; the Applicant declined to provide or identify additional evidence and did not demonstrate error of law, procedural unfairness or irrationality; the Director's earlier decision was not reviewable after appeal to the Board.
1 Mar 2019

HKSAR v. GODSON UGOCHUKWU OKORO

Citation

[2019] HKCA 158
Court

Court of Appeal
Case number

CACC222/2015

The Court held that the appellant was entitled to a discount for assistance (assessed at 38.5% including guilty plea credit) but that his status as a Form 8 recognizance holder warranted a 6‑month enhancement; on rehearing these adjustments offset and the sentence of 6 years 4 months imprisonment was affirmed. The Court rejected the constitutional challenge: the sentencing guidelines for couriers are not arbitrary or manifestly disproportionate and do not breach BL 28 or BOR 5(1); courts retain discretion to depart from guidelines where there is a good reason but courier role does not automat…

Hong Kong Case Law

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

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

HKSAR v. GODSON UGOCHUKWU OKORO