Hong Kong Case Law: Decisions & Judgments

Topic

Right to interpretation

Legal area

Court

4 Oct 2024

RE PUZON MARTIN JR SULIO

Citation

[2024] HKCA 911
Court

Court of Appeal
Case number

CACV223/2024

The appeal was dismissed because the applicant failed to raise any viable, particularised grounds challenging the Judge's refusal of leave; the complaints were new, general and unparticularised and were not raised below; the Board legitimately found internal relocation available and there was no demonstrated procedural unfairness or prejudice from lack of representation or interpretation, so no realistic prospect of success existed.
12 Oct 2023

HKSAR v. LUK FU LEUNG

Citation

[2023] HKCFI 2965
Court

Court of First Instance
Case number

HCMA357/2022

The refusal to allow Defence counsel to ask questions in his preferred language with interpretation was a material irregularity that made the trial unfair given the centrality of witness credibility; consequently the appeal against conviction is allowed and the conviction and sentence are set aside, but a retrial is declined in the exercise of judicial discretion because the appellant has completed the driving improvement course.
24 Dec 2021

THAPA KUMAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2021] HKCA 1921
Court

Court of Appeal
Case number

CACV415/2021

The Judge correctly applied supervisory standards, found no error of law or procedural unfairness: the applicant had access to interpretation, had earlier duty lawyer assistance, had opportunity to make submissions to the Board, and the Board's findings were not Wednesbury unreasonable; therefore refusal of leave was properly made and is affirmed.
5 Nov 2021

RE WASEEM BAIG

Citation

[2021] HKCA 1640
Court

Court of Appeal
Case number

CACV323/2021

Leave to apply for judicial review was refused because the Deputy Judge correctly found no arguable grounds: the Board and Director applied the law correctly, provided a high standard of fairness, the applicant suffered no prejudice from lack of continuous legal or language assistance, the Board's adverse credibility findings were rational and supported by evidence and COI, and the Decision satisfied the enhanced Wednesbury standard.
16 Sept 2019

RE SOHI MANPREET SINGH

Citation

[2019] HKCA 1038
Court

Court of Appeal
Case number

CACV140/2019

The application for leave to appeal to the Court of Final Appeal was dismissed because the applicant failed to demonstrate any issue of great general or public importance under s22(1)(b) Cap.484, failed to show he was deprived of the ability to appeal by lack of interpretation (the courts concluded he was apprised of reasons), and raised fresh factual allegations that were not the subject of an application to adduce further evidence and thus could not justify leave.
14 Dec 2017

HKSAR v. NGAI HON KWONG

Citation

HKSAR v. NGAI HON KWONG
Court

Court of First Instance
Case number

HCCC78/2016

The application for the retrial to be conducted in Chinese was refused because, given the procedural history including previous acceptance of English with Chinese translation, the termination of counsel and the practical disruption and delay that relisting before a bilingual judge would cause, ordering a Chinese trial would be contrary to the interests of justice and the judge's discretionary power under s5 of the Official Languages Ordinance supported refusal.

Hong Kong Case Law

RE PUZON MARTIN JR SULIO

HKSAR v. LUK FU LEUNG

THAPA KUMAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

RE WASEEM BAIG

RE SOHI MANPREET SINGH

HKSAR v. NGAI HON KWONG