Hong Kong Case Law: Decisions & Judgments

Topic

Procedural amendment of pleadings

Legal area

Court

20 Apr 2026

DHALIWAL KIRANJIT KAUR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 2164
Court

Court of First Instance
Case number

HCAL1468/2022

The court amended the Form 86 to name correctly the putative respondent and putative interested party, accepted the Applicant's withdrawal of the leave application, and dismissed the leave application because, following Re Manik, an action should not be left at large where there is nothing outstanding after withdrawal.
10 Mar 2026

SHAKEEL MUHAMMAD v. NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 1321
Court

Court of First Instance
Case number

HCAL1065/2021

Leave to apply for judicial review was refused because the applicant failed to identify any error of law, procedural unfairness or irrationality in the NRCPO's decision; the NRCPO's adverse credibility and factual findings fall within the Board's primary function and may not be disturbed by the court on judicial review absent specified legal defects. The court amended the Form 86 to identify the correct respondent and added the Director of Immigration as a putative interested party but dismissed the leave application on the merits.
3 Mar 2026

MISDA LENI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 1053
Court

Court of First Instance
Case number

HCAL444/2022

The application was dismissed because the applicant voluntarily sought withdrawal, there was nothing outstanding in the proceedings, and in the interests of procedural economy the court treated and amended the Form 86 to challenge the TCAB decision and affirmed dismissal pursuant to established practice and Re Manik Md Mahamudun Nabi [2022] HKCA 471.
11 Dec 2025

KHAN NAHEED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 6031
Court

Court of First Instance
Case number

HCAL507/2021

The court amended Form 86 to name the TCAB as putative respondent and the DOI as putative interested party and dismissed the application for leave to apply for judicial review because the Applicant withdrew the application after obtaining a Hong Kong identity card and there was nothing outstanding, with the DOI Decision in any event superseded by the TCAB Decision.
17 Oct 2025

MUSADDAQ HUSSAIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 4316
Court

Court of First Instance
Case number

HCAL1310/2020

The applicant voluntarily withdrew his leave application by filing and affirming a withdrawal statement; the court treated that as an application to withdraw and, having amended the Form 86 to name the proper putative interested party, dismissed the leave application without adjudicating the merits to finally dispose of the action.
26 Jun 2025

BEPARY, REZAUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 2669
Court

Court of First Instance
Case number

HCAL651/2020

The court amended the Form 86 to name the correct respondent and decision, accepted the applicant's affirmed withdrawal as made freely, and dismissed the leave application without deciding the merits to ensure the action is not left at large.
29 Jan 2018

INDIAN OVERSEAS BANK v. SEABULK SYSTEMS INC. AND OTHERS

Citation

[2018] HKCFI 112
Court

Court of First Instance
Case number

HCA846/2012

Court found plaintiff proved the loan and guarantors' liabilities; defendants failed to prove the pleaded pre-contractual misrepresentation or any advisory duty as pleaded; the APGs did not transfer the right to make demands because URDG 458 requires express assignment of claiming rights and the APGs lacked such express assignment; defendants caused delay and failed to assist in Shanghai proceedings; plaintiff acted reasonably and is therefore entitled to enforce loan and guarantees and to be indemnified for legal costs of the SH Proceedings under the personal guarantees and assignment-relate…

Hong Kong Case Law

DHALIWAL KIRANJIT KAUR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

SHAKEEL MUHAMMAD v. NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MISDA LENI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

KHAN NAHEED v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MUSADDAQ HUSSAIN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

BEPARY, REZAUL v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

INDIAN OVERSEAS BANK v. SEABULK SYSTEMS INC. AND OTHERS