Hong Kong Case Law: Decisions & Judgments

Topic

Interpreter and language assistance

Legal area

Court

8 Feb 2021

HKSAR v. ADJEI ROBERT (also known as ADJEI KING)

Citation

[2021] HKCFI 266
Court

Court of First Instance
Case number

HCCC2/2019

The application for a permanent stay was refused because the defendant failed on the balance of probabilities to show that a fair trial had become impossible; the court found a suitable interpreter could be located with time, the key witness had demonstrated willingness to attend, material evidence existed (CCTV and phone photographs) and remedial measures including adjournment were adequate to secure a fair trial rather than ordering a stay.
28 Jan 2021

HOSSAIN MOHAMMAD BILLAL v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2021] HKCFI 177
Court

Court of First Instance
Case number

HCAL486/2019

Leave was refused because the Board's adverse credibility findings and evaluation of the claim were rational, supported by evidence and COI, there was no substantiated procedural unfairness or error of law (including no proven interpreter or disclosure breaches), and the intended judicial review had no realistic prospect of success.
3 Sept 2019

AKTER MST SHIRIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2019] HKCFI 2165
Court

Court of First Instance
Case number

HCAL183/2018

Leave to apply for judicial review was refused because the Applicant failed to produce evidence showing legal error, procedural unfairness or irrationality in the Adjudicator's decision; the Adjudicator reasonably applied relevant COI, properly assessed internal relocation, the Applicant was able to participate and was not prejudiced by lack of counsel or by the Director's absence, and therefore the complaints were not reasonably arguable or likely to succeed.
25 Jul 2019

RE RAJA WAQAR KHAN

Citation

[2019] HKCA 772
Court

Court of Appeal
Case number

CACV54/2019

The Court dismissed the appeal and upheld refusal of leave because the applicant failed to demonstrate an arguable error of law or procedural unfairness that would give a reasonable prospect of success; the Board's adverse credibility findings and assessment of COI were within its primary fact-finding role and not susceptible to judicial intervention on the material before the court.

Hong Kong Case Law

HKSAR v. ADJEI ROBERT (also known as ADJEI KING)

HOSSAIN MOHAMMAD BILLAL v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

AKTER MST SHIRIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

RE RAJA WAQAR KHAN