Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Apparent and actual bias

Legal area

Court

6 Nov 2019

LEELAN RUKESH MARASINGHE v. DIRECTOR-GENERAL OF CIVIL AVIATION

Citation

[2019] HKCFI 2760
Court

Court of First Instance
Case number

HCAL1457/2018

The Split Hearing Application was allowed because the issuance and pendency of the Discovery Summonses and subpoena were unforeseen and destroyed the basis for the earlier rolled‑up hearing direction; the court must not ignore extant discovery applications necessary for a fair determination of an arguable Actual Bias ground and may therefore vary prior directions under Order 25 rule 1B(1) on that ground.
17 May 2012

AGUILAR JOENALYN ELMEDORIAL v. DIRECTOR OF IMMIGRATION

Citation

AGUILAR JOENALYN ELMEDORIAL v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL40/2011

The Court held that the effective decision-maker was Mr Wong who independently considered all available material (including the letter of representations), that the FDH policy legitimately permits consideration of a criminal record as part of the 'normal immigration requirements' and therefore as a 'record to her detriment', that there was no material procedural unfairness or bias infecting the decision, and that the Director had taken into account relevant extenuating circumstances and reached a decision within the range of reasonable responses; accordingly the judicial review failed and the…