Hong Kong Case Law: Decisions & Judgments

Topic

Convention on the rights of the child

Legal area

Court

24 Jul 2025

RO\'YUN NACHIF AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD

Citation

[2025] HKCA 683
Court

Court of Appeal
Case number

CACV298/2023

Leave to appeal to the Court of Final Appeal was refused because the applicants failed to identify any question of great general or public importance under s22(1)(b) or any other basis for leave; the CRC is not domesticated and thus does not create enforceable rights in Hong Kong; and the applicants did not demonstrate that the Board erred in its assessment or produce adequate evidence to disturb the Board’s decision.
18 Dec 2023

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

Citation

[2023] HKCFI 3313
Court

Court of First Instance
Case number

HCAL1444/2023

Section 11 of the BORO excludes the claimed BOR and CRC protections for a person without a right to enter and remain except for absolute non-derogable rights; CRC is not domesticated for immigration removals; the Board's fact findings that the risk was remote were supported by COI and evidence and were not legally flawed or irrational; accordingly the applicant failed to establish entitlement to non-refoulement protection and leave to apply for judicial review was refused.
15 Jul 2022

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

Citation

[2022] HKCFI 2143
Court

Court of First Instance
Case number

HCAL660/2019

Leave was refused because the applicant failed to identify any arguable error of law, procedural unfairness or irrationality in the Board's decision; the Board's factual findings (single verbal threat, availability of medical care and internal relocation) were open to it and not Wednesbury unreasonable, so the applicant had no realistic prospect of success.
28 Jan 2000

MASTER ZHANG CHAOJIE AND ANOTHER v. DIRECTOR OF IMMIGRATION

Citation

MASTER ZHANG CHAOJIE AND ANOTHER v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL5/2000

Leave for judicial review was refused to the mother because she had no independent right to quash the Director's decision, but leave was granted to the child because the low threshold for leave was met: key matters — including the circumstances of the mother's grant of residence, potential impact of international covenants and the Basic Law interpretation — required further exploration and disclosure from the Director.
24 Jan 2000

NGO THI MINH HUONG v. THE DIRECTOR OF IMMIGRATION

Citation

NGO THI MINH HUONG v. THE DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL137/1999

The court held the Director was not obliged to consider or determine the applicant's refugee claim when issuing a removal order for an illegal entrant; the discretion under s.13 is administrative with limited judicial review and does not impose a duty of procedural fairness in this context; adoption of UNHCR's view and awaiting its decision did not amount to unlawful delegation or Wednesbury unreasonableness, thus leave to apply for judicial review was refused.
28 Jul 1999

CHAN MEI YEE v. DIRECTOR OF IMMIGRATION

Citation

CHAN MEI YEE v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL77/1999

Leave to apply for judicial review was granted because the applicant had a legitimate expectation that the Immigration Department would consider the ICCPR and the Convention on the Rights of the Child when exercising its discretion under s.11 of the Immigration Ordinance, and the disclosed materials demonstrated the Director had not considered those instruments, giving rise to arguable grounds for judicial review.

Hong Kong Case Law

RO\'YUN NACHIF AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD

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

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

MASTER ZHANG CHAOJIE AND ANOTHER v. DIRECTOR OF IMMIGRATION

NGO THI MINH HUONG v. THE DIRECTOR OF IMMIGRATION

CHAN MEI YEE v. DIRECTOR OF IMMIGRATION