Hong Kong Case Law: Decisions & Judgments

Topic

Statutory appeal vs judicial review

Legal area

Court

6 Jan 2025

王寬裕對高等法院聆案官廖文健先生 [Decision on Leave Application]

Citation

[2024] HKCFI 3698
Court

Court of First Instance
Case number

HCAL1166/2024

The court refused leave because the applicant's challenge to the hearing officer's dismissal of his legal aid appeal was not reasonably arguable and lacked realistic prospects of success; judicial review is not an alternative route to re‑argue a statutory appeal under the Legal Aid Ordinance and is limited to review on illegality, Wednesbury unreasonableness or procedural unfairness.
14 Apr 2023

李榮歡 v. 人事登記審裁處

Citation

[2023] HKCFI 838
Court

Court of First Instance
Case number

HCAL1377/2022

The Tribunal validly concluded the applicant was not a right of abode holder because the Mainland authority (GPPSD) concluded he was ineligible by 2003, which meant the permission to land was obtained under a false representation and therefore the landing was unlawful and the subsequent residence could not count as 7 years' ordinary residence; the applicant's grounds were not reasonably arguable and leave is refused.
27 Apr 2022

KHAN MUHAMMAD SUFIAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

Citation

[2022] HKCFI 1200
Court

Court of First Instance
Case number

HCAL450/2019

Leave refused because the Board correctly applied the law, made credibility and fact findings supported by evidence and COI, there was no procedural unfairness or error of law and the Decision was not Wednesbury unreasonable; the Director's earlier decision was superseded and not independently reviewable, so there were no arguable grounds for judicial review.
6 Jan 2021

WONG WING WAH v. COLLECTOR OF STAMP DUTY

Citation

[2021] HKCFI 11
Court

Court of First Instance
Case number

HCAL1479/2020

Leave to apply for judicial review was refused because the intended challenge had no realistic prospect of success on the merits (BSD is a legitimate taxation measure rationally connected and, if necessary, proportionate to legitimate aims), the applicant had inordinate unexplained delay (approximately 46 months) precluding an extension of time, and judicial review was an inappropriate collateral route given the statutory appeal process; accordingly the application for leave was dismissed and costs awarded to the Collector.

Hong Kong Case Law

王寬裕 對 高等法院聆案官廖文健先生 [Decision on Leave Application]

李榮歡 v. 人事登記審裁處

KHAN MUHAMMAD SUFIAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND ANOTHER [Decision on Leave Application]

WONG WING WAH v. COLLECTOR OF STAMP DUTY

王寬裕對高等法院聆案官廖文健先生 [Decision on Leave Application]