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Hong Kong decisions
Decisions matching the current search
The court dismissed an application for leave to seek judicial review after the applicant said she wished to withdraw it and nothing remained outstanding.
The High Court allowed a sentence appeal in part, reducing a 15-month term for working while overstaying to 10 months while leaving a concurrent one-day sentence unchanged.
Appeal against a 6-month sentence for breaching a condition of stay was dismissed. The court held the father’s illness did not amount to exceptional humanitarian grounds.
The court dismissed an application for leave to seek judicial review after the applicant withdrew it, applying the rule that withdrawn proceedings should be dismissed.
The magistrate was entitled to accept the police confession as voluntary and to rely on the employer's application form and photo corroboration; those findings provided proof beyond reasonable doubt that the appellant used a forged identity card, and the appellate court will not disturb rational factual findings or the sentence which followed established guidelines.
Source excerpt
The court held the appellant had no right to appeal her conviction because she entered a clear, informed guilty plea made with legal representation and interpreter; there was no evidence the plea was invalid under Wong Chi Yuk nor any exceptional circumstances under Chan Tsz-ho, and alternatively the conviction was safe, so the appeal is dismissed and the conviction confirmed.
Source excerpt
Leave to apply for judicial review was refused because the appeal had been dismissed after the applicant voluntarily withdrew it, leaving no arguable reviewable decision.
The Court of Appeal dismissed an immigration judicial review appeal, holding that an acquittal of the section 41 offence did not prevent removal under section 19(1)(b)(ii).
Judicial reviews by two overstaying foreign domestic helpers were dismissed. The court upheld the Director’s removal-order decisions and found no procedural unfairness or Wednesbury irrationality.
The Court of First Instance dismissed two judicial reviews challenging removal orders and a stay refusal, holding the Director of Immigration had lawfully considered the cases.
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