Hong Kong Case Law: Decisions & Judgments

Topic

Timeliness and limitation

Legal area

Court

6 Nov 2025

BAATH JARNAIL SINGH v. HONG KONG HOUSING SOCIETY

Citation

[2025] HKCFI 5266
Court

Court of First Instance
Case number

HCAL2426/2025

The application for leave to apply for judicial review was dismissed because the applicant failed to identify any public law grounds which were reasonably arguable with a realistic prospect of success, failed to specify the form of declaration sought as required by Order 53 r3, and failed to address timeliness; the court will not speculate as to potential grounds.
3 Sept 2025

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

Citation

[2025] HKCFI 3584
Court

Court of First Instance
Case number

HCAL1316/2020

The leave application was out of time under Order 53 r 4(1) and, in any event, the applicant validly and voluntarily withdrew the application rendering the challenge moot; accordingly the court amended Form 86 to correct the parties and dismissed the leave application.
19 Aug 2025

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

Citation

[2025] HKCFI 3454
Court

Court of First Instance
Case number

HCAL1261/2020

The leave application was dismissed because it was filed approximately seven months late contrary to Order 53 r 4(1) with no explanation, the Applicant's absence at the hearing undermined any genuine intention to pursue the application, and the substantive challenge lacked realistic prospects of success because the Board's adverse credibility and factual findings were supported by the evidence and country information and did not disclose legal error, irrationality or procedural unfairness; the court amended Form 86 to correctly name the putative respondent.
3 Apr 2025

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

Citation

[2025] HKCFI 1380
Court

Court of First Instance
Case number

HCAL629/2023

Leave to apply for judicial review was refused because the Form 86 was filed out of time without satisfactory explanation and the Applicant failed to identify any reasonably arguable ground of error of law, procedural unfairness or irrationality in the Board's decision; on anxious scrutiny the Board's credibility findings, factual assessments and conclusion on internal relocation were lawful and not Wednesbury unreasonable.
12 Mar 2021

VU CHI HUONG v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

Citation

[2021] HKCFI 656
Court

Court of First Instance
Case number

HCAL660/2018

Dismissal was required because at the time the applicant filed for leave (17 April 2018) there was no decision of the Torture Claims Appeal Board to challenge and the applicant had not yet made any non-refoulement claim to the Immigration Department; consequently there were no grounds within the meaning of Order 53 r4(1) and the leave application was not properly made.
4 Jul 2007

NG NGAU CHAI v. THE TOWN PLANNING BOARD AND ANOTHER

Citation

NG NGAU CHAI v. THE TOWN PLANNING BOARD AND ANOTHER
Court

Court of First Instance
Case number

HCAL64/2007

Leave to apply for judicial review was refused because the applicant failed to particularise the decision complained of, failed to identify the specific provisions of the Urban Design Guidelines or other statutory provisions allegedly breached, did not show promptness within the three‑month limitation, and did not provide sufficient evidence to establish an arguable case of illegality or irrationality.

Hong Kong Case Law

BAATH JARNAIL SINGH v. HONG KONG HOUSING SOCIETY

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

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

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

VU CHI HUONG v. TORTURE CLAIMS APPEAL BOARD AND ANOTHER [Decision on Leave Application]

NG NGAU CHAI v. THE TOWN PLANNING BOARD AND ANOTHER