Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Adjudicator procedure
  • 20 Aug 2013

    RE RS

    Citation
    RE RS
    Court
    Court of Appeal
    Case number
    CACV206/2012

    Leave refused because the applicant's grounds were not reasonably arguable: on the facts the adjudicator was entitled to determine the petition on the papers (Requirement (d) concerning state involvement was not supported by evidence and had been highlighted to the applicant), there was no realistic risk of self-incrimination and legal/common-law protections and departmental policy prevented use of CAT statements in criminal proceedings, and the brief reasons in CALL-1 were adequate for a leave refusal.