Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Withdrawal/abandonment

  • 9 Sept 2021

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

    Citation
    [2021] HKCFI 2672
    Court
    Court of First Instance
    Case number
    HCAL173/2020

    Leave to apply for judicial review was dismissed because the applicant expressly withdrew the application and the court exercised its discretion not to grant relief that would be otiose as the relevant detriment had been removed.

    • Judicial review
    • Non‑refoulement
    • Torture claim
    • Leave to apply for judicial review
    • Withdrawal/abandonment

  • 6 May 2020

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

    Citation
    [2020] HKCFI 695
    Court
    Court of First Instance
    Case number
    HCAL1371/2019

    Because the applicant expressly applied to withdraw her application and demonstrated no intention to proceed, the court acceded to the withdrawal and dismissed the application for leave to apply for judicial review.

    • Leave to apply for judicial review
    • Withdrawal/abandonment
    • Appeal from torture claims appeal board
    • Non-refoulement claim

  • 16 Oct 2018

    香港特別行政區 訴 吳俊夆及另二人

    Citation
    [2018] HKCA 710
    Court
    Court of Appeal
    Case number
    CACC116/2017

    The appeal court allowed the first applicant's appeal because the trial judge failed adequately to address material conflicts about the circumstances of the cautioned interview (including disputed facts about access to the G02 room and the mother's attempts to attend) and thus failed properly to assess voluntariness and the effect on admissibility; the convictions of the second and third applicants were upheld because the evidence established they were part of a common plan to rob and their asserted withdrawal was not timely or unequivocally communicated and was undermined by surrounding cond…

    • Robbery
    • Joint enterprise
    • Withdrawal/abandonment
    • Admissibility of cautioned statements
    • Right to silence
    • Credibility assessment