Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Actual bias

  • 8 May 2026

    LI XIAO YI v. TANG CHUNG WAH (also known as ALAN CHUNG WAH TANG)

    Citation
    [2026] HKCA 912
    Court
    Court of Appeal
    Case number
    CAMP35/2026

    Leave to appeal was refused because the intended grounds (apparent and actual bias) had no reasonable prospect of success: the judge correctly applied legal principles, the criticisms were supported or unchallenged, matters relied on did not show a closed mind or partiality, actual bias was not properly raised below and is not reasonably arguable, referral to the Official Receiver was proportionate, and there is no other reason in the interests of justice to hear the appeal.

  • 26 Feb 2025

    LEELAN RUKESH MARASINGHE v. DIRECTOR-GENERAL OF CIVIL AVIATION

    Citation
    [2025] HKCFI 840
    Court
    Court of First Instance
    Case number
    HCAL1457/2018

    The court refused the applicant's Disclosure Application and dismissed the 3rd Party Disclosure and Oral Evidence Applications because the applicant failed to establish urgent necessity or jurisdictional basis to compel a non-party resident abroad to produce documents or give live evidence; the appropriate route to seek compelled evidence from a non-resident third party is by letter of request to the relevant foreign court under Order 39 rule 1, and judicial review proceedings ordinarily proceed on the papers so live evidence will only be ordered in exceptional cases where the evidence is dir…

  • 17 Aug 2023

    T v. W

    Citation
    [2023] HKFC 166
    Court
    Family Court
    Case number
    FCMP38/2007

    The judge held that on the material before the court a fair-minded and informed observer would not conclude there was a real possibility of bias; prior adverse findings and reference to occupation were factually based and not indicative of bias; the Hadkinson exercise was justified to prevent abuse of process; the recusal summons was dismissed and costs awarded to the mother.

  • 15 Aug 2022

    LEELAN RUKESH MARASINGHE v. DIRECTOR-GENERAL OF CIVIL AVIATION

    Citation
    [2022] HKCFI 2483
    Court
    Court of First Instance
    Case number
    HCAL1457/2018

    The court granted leave to apply for judicial review on the grounds of Actual Bias, Apparent Bias and Natural Justice because the applicant established reasonably arguable grounds; the applicant was permitted to amend the Form 86 and file further evidence; respondent granted leave to file affidavit evidence within 28 days and applicant to reply within 28 days; discovery and oral evidence applications to be decided on paper with specified filing timetable; costs reserved.

  • 5 Jun 2020

    朱賽金 對 PIZZAEXPRESS (HONG KONG) LTD

    Citation
    [2020] HKDC 397
    Court
    District Court
    Case number
    DCPI2731/2018

    The judge declined to recuse because the plaintiff's allegations lacked factual foundation and did not establish actual bias; a reasonable, informed observer would not apprehend that the judge was biased merely because the plaintiff lost an earlier appeal or because routine pre-trial directions were made; accordingly the recusal application was dismissed and costs were ordered against the plaintiff.

  • 19 Apr 2010

    CHAU SIU WOON AND ANOTHER v. CHEUNG SHEK KONG AND OTHERS

    Citation
    CHAU SIU WOON AND ANOTHER v. CHEUNG SHEK KONG AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV164/2007

    The Court held the Judge below applied the correct legal test and was not plainly wrong: the Master’s conduct amounted to inefficiency and occasional impatience but did not establish apparent or actual bias, malice, improper motive or racial discrimination; accordingly the recusal was not justified, the appeal is dismissed and costs follow the event.