Hong Kong Case Law: Decisions & Judgments

Topic

Procedural requirements for leave applications

Legal area

Court

31 Dec 2025

ITA SRIWAHYUNI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2025] HKCFI 6471
Court

Court of First Instance
Case number

HCAL1297/2021

Leave was refused because the applicant failed to pursue the mandatory two-tier administrative remedy under section 37ZR(b) and the USM by not appealing to the Torture Claims Appeal Board, and there was no arguable legal basis to impugn the Director’s fact-based assessment that the claimed risk was low and internal relocation/state protection were available.
28 Aug 2025

RE EKA RUSMIATI BINTI RUSTANDI

Citation

[2025] HKCA 729
Court

Court of Appeal
Case number

CACV360/2024

The appeal was dismissed because the applicant advanced only bare, unparticularised allegations and failed to identify any error of law or other basis on which this Court could intervene; the Deputy High Court Judge correctly concluded the Board was entitled to reject the claim on credibility and evidence.
23 Jan 2025

翁潔美 v. 房屋署

Citation

[2025] HKCFI 290
Court

Court of First Instance
Case number

HCAL47/2025

Dismissal was required because the applicant failed to identify the date or form of the impugned Housing Department decision, failed to specify the relief sought or grounds on Form 86, did not demonstrate promptness within the three-month limit, and had an apparent available alternative remedy (Appeal Tribunal (Housing)); there were no reasonably arguable public law grounds with a realistic prospect of success.
26 Aug 2024

RE TRAN THI NGUYEN

Citation

[2024] HKCA 806
Court

Court of Appeal
Case number

CACV442/2022

The application for leave was dismissed because the applicant failed to identify any question of great general or public importance under s.22(1)(b) of the Court of Final Appeal Ordinance, there was no basis under the 'or otherwise' limb, and the applicant did not file required written submissions; accordingly leave to appeal to the Court of Final Appeal was refused.
1 Nov 2023

RE BEYAI PA SISAWO

Citation

[2023] HKCA 1229
Court

Court of Appeal
Case number

CACV132/2023

The applicant failed to satisfy section 22(1)(b) Cap.484 because he provided no grounds and did not identify any question of great general or public importance, and there was no basis to invoke the 'or otherwise' limb; accordingly, leave to appeal to the Court of Final Appeal was refused and the Notice of Motion dismissed.
25 Aug 2021

WONG HON LUNG V. CHIEF EXECUTIVE OF HKSAR

Citation

[2021] HKCFI 2155
Court

Court of First Instance
Case number

HCAL712/2021

The leave application was dismissed because the applicant failed to comply with the mandatory requirement to specify the relief and grounds in Form 86, preventing the court from performing its ex parte filtering function; in any event the sole substantive ground advanced was not reasonably arguable because the trial judge had adequately warned the jury about identification and there was no basis to require a special direction regarding the eyewitness's drug use absent challenge or expert evidence, and the Chief Executive's refusal under s83P was lawful and not unfair despite the absence of re…

Hong Kong Case Law

ITA SRIWAHYUNI v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

RE EKA RUSMIATI BINTI RUSTANDI

翁潔美 v. 房屋署

RE TRAN THI NGUYEN

RE BEYAI PA SISAWO

WONG HON LUNG V. CHIEF EXECUTIVE OF HKSAR