Hong Kong Case Law: Decisions & Judgments

Topic

Discretion under s.13 immigration ordinance

Legal area

Court

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.
8 Dec 1993

IN RE LUI SIU HEUNG AND OTHERS

Citation

IN RE LUI SIU HEUNG AND OTHERS
Court

Court of First Instance
Case number

HCMP2513/1993

The Director's refusal to exercise discretion under s.13 was not Wednesbury unreasonable on the material before the court; the Director lawfully balanced medical evidence against background inquiries and immigration policy; there was no requirement to give detailed reasons and the court's role is limited and circumscribed, therefore the judicial review application failed and was dismissed.
29 May 1992

CHAN SAU MUI AND OTHERS v. DIRECTOR OF IMMIGRATION

Citation

CHAN SAU MUI AND OTHERS v. DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV70/1992

The Court held that the disputed question of family support was not an objective fact independently ascertainable or plainly or unassailably wrong; therefore the Deputy Director's factual assessment was not amenable to judicial review on the material error of fact principle in this case. Consequently the judge was right to refuse discovery and to refuse admission of further evidence, but wrong to order cross-examination of the Deputy Director. The Director's appeal is allowed and the applicants' appeal dismissed; courts must not convert judicial review into an appellate re-evaluation of admin…

Hong Kong Case Law

NGO THI MINH HUONG v. THE DIRECTOR OF IMMIGRATION

IN RE LUI SIU HEUNG AND OTHERS

CHAN SAU MUI AND OTHERS v. DIRECTOR OF IMMIGRATION