24 Nov 2022
DM v. COMMISSIONER OF CUSTOMS & EXCISE AND ANOTHER
- Citation
- [2022] HKCFI 3476
- Court
- Court of First Instance
- Case number
- HCAL460/2022
The judicial review was dismissed as an abuse of process and for delay: the threshold issue of whether there was a credible suspicion that the applicant was a victim of trafficking/forced labour had been fully considered and rejected by the trial judge and the Court of Appeal; permitting a fresh VIS now would amount to a collateral attack on those final decisions, would risk undermining the safety of the conviction, and no special circumstances existed to disapply abuse of process; the application was also not promptly brought and no adequate explanation justified extension of time.