Hong Kong Case Law: Decisions & Judgments

Topic

Victim identification

Legal area

Court

22 Apr 2022

AM v. DIRECTOR OF IMMIGRATION AND OTHERS

Citation

[2022] HKCFI 1046
Court

Court of First Instance
Case number

HCAL466/2021

On the facts the court found AM's judicial review application time‑barred and dismissed leave for delay and insufficient merits. In CB's case the court found police screening and investigative decisions were procedurally defective and prematurely curtailed the inquiry under BOR4; those decisions were quashed and the issues remitted to the Commissioner of Police for renewed investigation including consideration of other possible victims and offences. The court declared that, on these facts, the investigative failures were causally connected to the absence of specific legislation criminalising…
22 Apr 2022

CB v. COMMISSIONER OF POLICE AND ANOTHER

Citation

[2022] HKCFI 1046
Court

Court of First Instance
Case number

HCAL617/2021

AM's application for leave was dismissed as time‑barred and lacking sufficient merit given delay and destroyed records; CB succeeded on grounds that police screening and investigative decisions were legally defective and investigations were prematurely curtailed in breach of BOR4 procedural duties, quashing the 2nd TIP Decision and Forced Labour Decision and remitting the matters for renewed investigation; the court found a causal connection between investigative failures and the absence of bespoke legislation criminalising forced labour in Hong Kong sufficient to warrant a declaration and ur…
29 Sept 2021

CB v. COMMISSIONER OF POLICE AND ANOTHER

Citation

[2021] HKCFI 3142
Court

Court of First Instance
Case number

HCAL617/2021

Court allowed the applicant to amend Form 86; declined to grant leave to apply for judicial review at this stage and adjourned the summons for leave; refused discovery for category 1 based on the officer's affirmation of non-existence of further documents; ordered discovery of categories 2 and 3 (written statements/VRI by the accused and unused prosecution materials) as relevant to whether BOR 4 duties were fulfilled, while leaving directions for further conduct to be determined.
23 Dec 2016

ZN v. SECRETARY FOR JUSTICE AND OTHERS

Citation

ZN v. SECRETARY FOR JUSTICE AND OTHERS
Court

Court of First Instance
Case number

HCAL15/2015

On the evidence the applicant was a victim of trafficking for forced labour and the HKSARG breached Article 4 BOR by failing to identify and investigate his case and by lacking adequate criminalisation and practical measures to protect victims; Article 4 BOR covers trafficking for the purposes of slavery, servitude or forced labour and imposes positive obligations on the HKSARG to enact effective measures and investigate credible suspicions.
11 Dec 2015

ZN v. SECRETARY FOR JUSTICE AND OTHERS

Citation

ZN v. SECRETARY FOR JUSTICE AND OTHERS
Court

Court of First Instance
Case number

HCAL15/2015

Leave to adduce the expert report of Ms Klara Skrivankova dated 12 October 2015 is granted insofar as it addresses specialist matters (indicia, characteristics and victim identification in human trafficking) that will assist the Court; but the report is inadmissible insofar as it makes primary factual findings or expresses conclusions on the ultimate issue of whether the applicant was a victim of trafficking, because those matters are for the Court to decide.

Hong Kong Case Law

AM v. DIRECTOR OF IMMIGRATION AND OTHERS

CB v. COMMISSIONER OF POLICE AND ANOTHER

CB v. COMMISSIONER OF POLICE AND ANOTHER

ZN v. SECRETARY FOR JUSTICE AND OTHERS

ZN v. SECRETARY FOR JUSTICE AND OTHERS