Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Article 3 hong kong bill of rights ordinance

  • 2 Aug 2024

    HOSSAIN AHMED AND OTHERS v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2024] HKCFI 2165
    Court
    Court of First Instance
    Case number
    HCAL1101/2022

    The court granted leave in HCAL1101 because the amended grounds were held to be reasonably arguable with realistic prospects of success under Po Fun Chan; HCAL796 and HCAL2644 were dismissed as academic/superseded by subsequent claims, appeals and the 2022 Board Decision, rendering those leave applications moot; costs orders reflected the academic nature and pro bono circumstances.

    • Non-refoulement
    • Article 3 hong kong bill of rights ordinance
    • Torture claims
    • Legal aid refusal
    • Leave to apply for judicial review
    • Academic/supersession doctrine

  • 8 Jun 2018

    VILLA ERLINDA BALIDO v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

    Citation
    [2018] HKCFI 1230
    Court
    Court of First Instance
    Case number
    HCAL922/2017

    Leave was refused because the Director and the Board made findings based on the applicant's own evidence that threats dated from 2005 with no subsequent contact, and reasonably concluded that the risk on return was very low given available state protection and internal relocation; no legal error or procedural unfairness was shown and the leave application had no prospect of success.

    • Non-refoulement
    • Leave to apply for judicial review
    • Article 3 hong kong bill of rights ordinance
    • Article 2 hong kong bill of rights ordinance
    • Article 33 1951 refugee convention
    • Internal relocation