Hong Kong Case Law: Decisions & Judgments

Topic

Reasonable arguability test

Legal area

Court

2 Jul 2025

陳祺豐對司法書記傅愉昀及另九人 [Decision on Leave Application]

Citation

[2025] HKCFI 2589
Court

Court of First Instance
Case number

HCAL2408/2024

The application for leave to apply for judicial review is refused because the applicant impermissibly sought to re‑open matters properly dealt with by the appeal process and failed to show illegality, irrationality or procedural unfairness; the claims lacked reasonable arguability and realistic prospects of success, and the Labour Tribunal Ordinance and authority preclude judicial review of the High Court's refusal of leave.
16 Feb 2016

MUHAMMAD RIAZ KHAN v. CHIEF EXECUTIVE AND ANOTHER

Citation

MUHAMMAD RIAZ KHAN v. CHIEF EXECUTIVE AND ANOTHER
Court

Court of First Instance
Case number

HCAL121/2015

Leave to apply for judicial review was refused because the applicant failed the reasonable arguability test: there was no substantial new evidence or other considerations that could reasonably cause the Court of Appeal to regard the conviction as unsafe; the Solicitor General and Secretary for Security had adequately identified and considered the applicant's argument; the decision under s83P is discretionary and not for correctness review; the application was also unreasonably delayed so no extension was warranted.
14 Jul 2009

RE CHENG KAR-SHUN AND ANOTHER

Citation

RE CHENG KAR-SHUN AND ANOTHER
Court

Court of First Instance
Case number

HCAL79/2009

The court applied the reasonable arguability test and found the applicants established reasonably arguable grounds in relation to (1) the scope of the power to summons under Basic Law Article 73(10) as exercised by a Select Committee and (2) the allegation that the Select Committee expanded beyond its empowering resolution (ultra vires), thereby granting leave for items 1–3; the court refused leave on privacy, legal professional privilege and related grounds (items 4–6) as not reasonably arguable; consequential items and directions for a substantive hearing were ordered.

Hong Kong Case Law

陳祺豐 對 司法書記傅愉昀及另九人 [Decision on Leave Application]

MUHAMMAD RIAZ KHAN v. CHIEF EXECUTIVE AND ANOTHER

RE CHENG KAR-SHUN AND ANOTHER

陳祺豐對司法書記傅愉昀及另九人 [Decision on Leave Application]