Hong Kong Case Law: Decisions & Judgments

Topic

Wrongful conviction

Legal area

Court

2 Nov 2021

ASJAD BAIG v. SECRETARY FOR SECURITY FOR AND ON BEHALF OF DEPARTMENT OF JUSTICE CONSTITUTIONAL AND POLICY AFFAIRS DIVISION

Citation

[2021] HKCFI 3261
Court

Court of First Instance
Case number

HCAL673/2021

Leave to judicially review was refused because the Solicitor General lawfully and fairly exercised his discretionary power under the Scheme after considering detailed materials and internal advice; the Decision was not Wednesbury unreasonable or procedurally defective and the applicant failed to adduce evidence to show illegality, serious unfairness or that his case fell within the exceptional categories warranting ex gratia payment.
11 Mar 2020

A v. SECRETARY FOR JUSTICE AND ANOTHER

Citation

[2020] HKCFI 427
Court

Court of First Instance
Case number

HCAL176/2018

The court held that HKBOR 11(5) did not entitle the applicant to compensation because his conviction was quashed in the ordinary course of appeal and therefore was not a 'final decision' within the meaning of the provision; independently, the Deputy Solicitor General's refusal under the Ex Gratia Scheme was lawful and not Wednesbury unreasonable because he permissibly considered the totality of materials and legitimately concluded there was serious doubt about the applicant's innocence; the judicial review was dismissed.
13 Nov 1985

THE QUEEN v. HUI CHI SHUN

Citation

THE QUEEN v. HUI CHI SHUN
Court

Court of First Instance
Case number

HCMA925/1985

The police officer copied the wrong identity particulars when completing the summons, causing the wrong person to be charged; this error made the conviction unsafe and required quashing, refunding of the fine and an award of costs.

Hong Kong Case Law

ASJAD BAIG v. SECRETARY FOR SECURITY FOR AND ON BEHALF OF DEPARTMENT OF JUSTICE CONSTITUTIONAL AND POLICY AFFAIRS DIVISION

A v. SECRETARY FOR JUSTICE AND ANOTHER

THE QUEEN v. HUI CHI SHUN