Hong Kong Case Law: Decisions & Judgments

Topic

Public interest

Legal area

Court

10 Mar 2026

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

Citation

[2026] HKCFI 1239
Court

Court of First Instance
Case number

HCAL378/2022

Refusal to grant extension of time and dismissal of leave application because the Form was filed over two years late with no explanation or extension application, and the proposed grounds were not reasonably arguable—the Board's decision was comprehensive and free of error of law, procedural unfairness or irrationality, so leave was refused.
3 Nov 2025

WONG KING FUN PAUL 對 HOSPITAL AUTHORITY

Citation

[2025] HKDC 1649
Court

District Court
Case number

DCPI182/2018

The judge found the plaintiff advanced no arguable legal or factual grounds meeting the statutory threshold for leave to appeal: the claim was correctly characterised as civil medical negligence, there was no error in evidence evaluation or application of legal principles (including Bolam), the plaintiff's serious criminal allegations were speculative, and no public interest justification existed; accordingly both the leave to appeal and the costs‑variation applications were dismissed and costs awarded to the defendant assessed at HKD50,000 on a standard basis.
11 Jun 2025

KO KAI MING v. SECRETARY FOR EDUCATION

Citation

[2025] HKCFI 2366
Court

Court of First Instance
Case number

HCAL1237/2025

The application for leave was dismissed because the applicant lacked standing, failed to comply with the mandatory requirement in Order 53 r.3 to identify the decision, relief and public law grounds in Form 86, and the allegations were speculative and did not identify any arguable public law error by the Secretary.
11 Apr 2025

TSE SAI KIT AND ANOTHER v. THE DIRECTOR OF ENVIRONMENTAL PROTECTION

Citation

[2025] HKCFI 1447
Court

Court of First Instance
Case number

HCAL1256/2024

Substitution refused because the proposed substitute (Ms Chan) failed to demonstrate the requisite sufficiency and specificity of identity of interest with the original Applicant and did not provide an adequate explanation for the delay; refusal of legal aid and the alleged harassment were insufficient to justify permitting a late substitution that would undermine the strict time limits and finality of public law challenges.
9 Jan 2025

香港特別行政區訴王群另(前稱王琨玲)

Citation

[2025] HKCFI 1074
Court

Court of First Instance
Case number

HCMA114/2024

The application is refused because the applicant's material simply repeats factual complaints and defence arguments already considered and disposed of at trial and on appeal; it raises no question of law of general public importance as required by s.32(2) of the Court of Final Appeal Ordinance.
22 Aug 2024

香港平民屋宇有限公司對曹綽芝

Citation

[2024] HKDC 1386
Court

District Court
Case number

DCCJ5507/2023

The court refused the plaintiff's application to restore the stayed proceedings because the matters raise substantial and arguable public law issues that risk duplication and injustice if individual non-trial applications proceed; proper case management under Cap 336H requires staying and coordinating the cases (including exploring judicial review, representative test cases, consolidation or disposal on legal points) to secure a just resolution of disputes in accordance with parties' substantive rights, particularly given the vulnerability of many defendants.
17 Jan 2024

CHAN KUNG SHUN AND OTHERS v. COMMISSIONER OF POLICE

Citation

[2024] HKCA 75
Court

Court of Appeal
Case number

CACV644/2020

The court found Cheng's affirmation introduced a new allegation of 'regular' widespread non-compliance that went beyond the applicants' case at first instance and therefore ordered that Cheng's Evidence be expunged; Chan's Evidence, being a direct response to the respondents' Implementation Evidence, was permitted but the respondents were granted leave to file evidence in reply within 28 days to preserve fairness and finality, with applicants precluded from further responses to that reply.
11 Jan 2024

梁偉珍對香港瑪嘉烈醫院

Citation

[2024] HKCFI 151
Court

Court of First Instance
Case number

HCMP388/2023

The claim was struck out because the plaintiff lacked standing to sue on behalf of the deceased, the pleaded case disclosed no reasonable cause of action and was frivolous or an abuse of process, the criminal allegations were unsupported by records and inappropriate for resolution by private civil summons, and the prerequisites for declaratory relief were not satisfied.
5 Jul 2023

SUEN HUNG SHAN v. COMMISSIONER OF INLAND REVENUE

Citation

[2023] HKCA 820
Court

Court of Appeal
Case number

CACV147/2020

The court refused to vary the costs order nisi of 30 May 2023 because the Applicant delayed over two years without valid reason, his proposed grounds of appeal were not reasonably arguable, and the 'Without Prejudice save as to cost' letter was irrelevant; the original indemnity costs assessment of HKD 24,887 stands and the Commissioner is entitled to additional costs of HKD 4,674 for the variation application.
21 Mar 2023

CHEN WENCAN AND ANOTHER v. SECRETARY FOR JUSTICE AND ANOTHER

Citation

[2023] HKCFI 796
Court

Court of First Instance
Case number

HCAL366/2022

The application for leave is dismissed because the issues raised were considered and rejected in Tam Sze Leung (RN); the RN Regime is sufficiently "prescribed by law" in context, the proportionality assessment favours the regime given the SFAT and other procedural safeguards, and the applicants' arguments merely re‑argue settled points with no realistic prospect of success.