Hong Kong Case Law: Decisions & Judgments

Topic

Credibility and assessment of evidence

Legal area

Court

21 Jan 2026

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

Citation

[2026] HKCFI 255
Court

Court of First Instance
Case number

HCAL1154/2020

Extension of time was refused because the delay (over 1 year and 2 months) was excessive, the applicant failed to demonstrate any realistic prospect of success given the Board's findings on credibility, state protection and internal relocation, and no basis for judicial intervention (error of law, procedural unfairness or irrationality) was shown; accordingly the leave application was dismissed.
16 Jul 2025

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

Citation

[2025] HKCFI 3000
Court

Court of First Instance
Case number

HCAL606/2020

Leave to apply for judicial review was refused because the applicant failed to identify any reasonably arguable grounds with a realistic prospect of success; a rigorous anxious scrutiny of the TCAB/NRCPO decision disclosed no procedural unfairness, error of law or irrationality and the TCAB/NRCPO had adequately reasoned findings on risk and internal relocation which are matters within the decision-maker's province.
21 May 2025

CHINA STEM CELLS (SOUTH) COMPANY LTD (INCORPORATED IN THE BRITISH VIRGIN ISLANDS) v. ZHENG TING AND OTHERS

Citation

[2025] HKCA 326
Court

Court of Appeal
Case number

CACV86/2024

The Court of Appeal upheld the trial judge's findings that the impugned transfer, allotment and appointment documents were created on or after 29 September 2022 and backdated to 12-13 September 2022 and were therefore void for want of authority (and alternatively voidable for breach of fiduciary duty or improper purpose); the judge did not err in considering evidence about the 2019 Security Arrangement insofar as relevant to credibility and fiduciary issues; any discussion of evidential burden did not affect the outcome; appeals by Tina, Albert and PIML are dismissed and the costs order in fa…
19 Apr 2024

PHAM THI MICH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 1095
Court

Court of First Instance
Case number

HCAL1449/2019

Leave was refused because the applicant failed to demonstrate a realistic prospect of success; the Board's adverse credibility findings and assessment of COI, state protection and internal relocation fell within its fact-finding discretion and showed no error of law, procedural unfairness or irrationality warranting judicial review.
27 Mar 2024

香港特別行政區訴唐偉德

Citation

[2024] HKCFI 1149
Court

Court of First Instance
Case number

HCMA443/2023

The Court upheld the trial judge's credibility and factual findings because CCTV and witness evidence supported the finding that the appellant intentionally damaged the rainwater pipe and external wall and his defences (necessity, ownership, lawful works) were not established; therefore the three convictions for criminal damage under Cap.200 s60(1) are safe and must be affirmed.
12 Dec 2016

CL v. LWP AND ANOTHER

Citation

CL v. LWP AND ANOTHER
Court

Family Court
Case number

FCMC16222/2012

Leave to appeal was refused because the applicant failed to demonstrate any reasonable prospect of success on the pleaded grounds: (i) key complaints were matters withdrawn or waived before trial (406E), (ii) disputed issues concerned credibility and factual findings properly made at trial and not open to appeal, (iii) asserted non-disclosure and new evidence were either procedural/submission matters or late and did not meet Ladd v Marshall criteria, and (iv) no exceptional interests of justice existed to permit an appeal under s63A Cap.336.

Hong Kong Case Law

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

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

CHINA STEM CELLS (SOUTH) COMPANY LTD (INCORPORATED IN THE BRITISH VIRGIN ISLANDS) v. ZHENG TING AND OTHERS

PHAM THI MICH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

香港特別行政區 訴 唐偉德

CL v. LWP AND ANOTHER

香港特別行政區訴唐偉德