Hong Kong Case Law: Decisions & Judgments

Topic

Procedural fairness and oral hearing

Legal area

Court

22 Jul 2025

USMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 2961
Court

Court of First Instance
Case number

HCAL320/2020

The leave application is dismissed because it was filed out of time without explanation and, on the merits, the Board's Decision of 27 December 2018 contained no error of law, procedural unfairness or irrationality warranting review; misdescription of the adjudicator's capacity was immaterial as she was a Board member with power to decide.
24 May 2023

RE PHAM VAN QUANG

Citation

[2023] HKCA 671
Court

Court of Appeal
Case number

CAMP492/2022

Refusal to grant extension of time and dismissal of renewed application was justified because the applicant had an inordinate unexplained delay and the intended appeal had no real prospect of success given the Board's findings and absence of any arguable legal error or procedural unfairness; granting an extension would be futile.
2 Dec 2019

RANA KUMAR CHEMJONG v. TORTURE CLAIMS APPEAL BOARD /NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 2450
Court

Court of First Instance
Case number

HCAL757/2018

Leave refused because the Applicant showed no arguable prospect of success: the Board validly exercised its power under s37ZT to refuse late filing after finding service to the Applicant's address and absence of documentary evidence or special circumstances; no new facts were before the Board or Director to engage BOR 2 and no unfairness arose from not holding an oral hearing.
4 Jul 2016

NK v. LAM KUI PO WILLIAM DEPUTY CHAIRPERSON OF THE TORTURE CLAIMS APPEAL BOARD

Citation

NK v. LAM KUI PO WILLIAM DEPUTY CHAIRPERSON OF THE TORTURE CLAIMS APPEAL BOARD
Court

Court of First Instance
Case number

HCAL18/2016

The court refused to extend time and dismissed the application for leave on grounds of undue and inexplicable delay and lack of utility given the applicant had registered with the USM; accordingly it was unnecessary and potentially detrimental to administration to remit the matter to the TCAB, and the court dismissed the application without considering the merits.

Hong Kong Case Law

USMAN MUHAMMAD v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RE PHAM VAN QUANG

RANA KUMAR CHEMJONG v. TORTURE CLAIMS APPEAL BOARD /NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

NK v. LAM KUI PO WILLIAM DEPUTY CHAIRPERSON OF THE TORTURE CLAIMS APPEAL BOARD