Hong Kong Case Law: Decisions & Judgments

Topic

Bill of rights interpretation

Legal area

Court

18 Jun 2025

NGUYEN DUC THINH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCA 559
Court

Court of Appeal
Case number

CACV263/2024

The appeal is dismissed because the applicant failed to identify any legal error, procedural unfairness or irrationality in the Board's decision or the judge's refusal of leave; the Board was entitled to its credibility findings and assessment of evidence and the judge correctly concluded there was no realistic prospect of success for judicial review.
18 Mar 2008

CHAN KIN SHING SONNY v. INSIDER DEALING TRIBUNAL AND ANOTHER

Citation

CHAN KIN SHING SONNY v. INSIDER DEALING TRIBUNAL AND ANOTHER
Court

Court of Final Appeal
Case number

FACV20/2007

The Court held that because s.23(1)(c) authorized a punitive and potentially severe penalty (treble disgorgement) the Tribunal proceedings were in substance criminal for purposes of arts 10 and 11 BOR; consequently the direct use of compelled answers under s.33 SFCO and compulsion under s.17 SIDO infringed the privilege against self-incrimination and the Tribunal should have applied the criminal standard of proof beyond reasonable doubt; remedially the appropriate course was to declare s.23(1)(c) invalid and restore the Tribunal's findings and remaining orders under ss.23(1)(a),(b) and 27.
30 Sept 1991

R. V. SIN YAU MING

Citation

R. V. SIN YAU MING
Court

Court of Appeal
Case number

CACC289/1990

By majority the Court held ss.46(c) and (d) and ss.47(1)(c),(d) and s.47(3) of the Dangerous Drugs Ordinance are inconsistent with Article 11(1) because the statutory presumptions do not meet the required rational connection and proportionality tests (they permit conviction despite reasonable doubt); under s.3(2) of the Bill of Rights Ordinance those provisions are repealed to the extent of the inconsistency (effectively from 8 June 1991); the Court also confirmed jurisdiction to hear a s.81 reservation pre-conviction though such referrals should be rare.

Hong Kong Case Law

NGUYEN DUC THINH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CHAN KIN SHING SONNY v. INSIDER DEALING TRIBUNAL AND ANOTHER

R. V. SIN YAU MING