Hong Kong Case Law: Decisions & Judgments

Topic

Judicial review principles

Legal area

Court

31 May 2023

DUONG THAO NGUYEN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 1457
Court

Court of First Instance
Case number

HCAL676/2020

The application for leave failed because the applicant did not identify any reasonably arguable legal error, irrationality or procedural unfairness in the Director’s or the Board’s decisions; the Board’s adverse credibility findings were properly reasoned and open on the evidence; the risk was assessed as localized and internal relocation was available; accordingly there was no prospect of success on judicial review and leave was dismissed.
29 Mar 2021

MEHMOOD KASHIR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2021] HKCA 410
Court

Court of Appeal
Case number

CACV470/2020

The Court dismissed the appeal and upheld the judge's refusal of leave because the applicant failed to identify any reasonably arguable public law error, procedural unfairness or irrationality in the Board's adverse credibility findings or in the Director's and Board's assessment that risk was localized and internal relocation was available, and therefore there was no basis for judicial review.
9 Nov 1998

In Re Lau Ko Yuen, Tom

Citation

In Re Lau Ko Yuen, Tom
Court

Court of First Instance
Case number

HCMP5664/1998

The applicant failed to show cause for long-term exemption because his occupational responsibilities and travel, while onerous, are neither unique nor extraordinary in Hong Kong and do not render him unable to perform jury duties; therefore the court refused the application for an eight-year exemption while noting the Registrar may consider case-by-case exemptions under s.28(2).
21 Dec 1993

R. v. WONG SAU CHUEN and Another

Citation

R. v. WONG SAU CHUEN and Another
Court

Court of Appeal
Case number

CACC476/1993

The Governor's power to give written consent under s.23C of the Crimes Ordinance is delegable under s.63 of the Interpretation and General Clauses Ordinance; the February 10, 1993 authorization lawfully and sufficiently identified liable delegates in the Attorney General's Chambers; delegation to Mrs M.A. Crabtree was lawful and her written consents were valid; therefore proceedings below were not a nullity and the appeals are dismissed.

Hong Kong Case Law

DUONG THAO NGUYEN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

MEHMOOD KASHIR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

In Re Lau Ko Yuen, Tom

R. v. WONG SAU CHUEN and Another