Hong Kong Case Law: Decisions & Judgments

Topic

Merits threshold

Legal area

Court

19 Aug 2022

GARCIA FREDDIE LUZON v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2022] HKCA 1182
Court

Court of Appeal
Case number

CAMP168/2021

The applicant failed to provide any explanation for the one-week delay and failed to demonstrate good grounds or a real prospect of success or any question of great general or public importance under s22(1)(b); accordingly the Court of Appeal refused to extend time and refused leave to appeal to the Court of Final Appeal and dismissed the Notice of Motion.
19 Jul 2022

TSANG KIN CHUNG TERRY v. WONG CHUNG MANG JONAH AND ANOTHER

Citation

[2022] HKCA 1080
Court

Court of Appeal
Case number

CACV250/2021

The defendants failed to meet the high threshold required for leave under the 'or otherwise' limb of s22(1)(b) HKCFAO because their grounds were without merit: their silence constituted admission of liability so repayment discussions were not 'without prejudice', they produced no evidence of present means to pay, and they did not demonstrate highly exceptional circumstances or sufficient merits to overturn the interlocutory security for costs order; accordingly leave is refused and the security order stands.
21 Apr 2021

SENTOT ASEP MUHAIMIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2021] HKCA 506
Court

Court of Appeal
Case number

CAMP103/2020

The Court dismissed the application for leave to appeal out of time because, although the delay was insubstantial, the applicant failed to demonstrate a reasonable prospect of success or to identify any question of great general or public importance under s22(1)(b) of the CFAO; absence of merits is decisive against granting extension or leave.
22 Oct 2018

RE MUHAMMAD USMAN

Citation

[2018] HKCA 724
Court

Court of Appeal
Case number

CACV137/2018

The application for leave to appeal to the Court of Final Appeal was refused because the applicant raised only case-specific matters, failed to demonstrate an issue of great general or public importance under s22(1)(b) Cap 484, and the proposed judicial review lacked merit.

Hong Kong Case Law

GARCIA FREDDIE LUZON v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

TSANG KIN CHUNG TERRY v. WONG CHUNG MANG JONAH AND ANOTHER

SENTOT ASEP MUHAIMIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

RE MUHAMMAD USMAN