9 Feb 2023
The Notice of Motion for leave to appeal was dismissed because the applicant failed to identify any question of great general or public importance under section 22(1)(b) HKCFAO and there was no basis to grant leave under the 'or otherwise' limb.
12 Jan 2023
The Notice of Motion for leave to appeal to the Court of Final Appeal was dismissed because the applicant failed to identify any question of great general or public importance under section 22(1)(b) of the Court of Final Appeal Ordinance and there was no basis under the 'or otherwise' limb; consequently the statutory requirements for grant of leave were not met.
2 Mar 2009
The court held the prosecutions were outside the published prosecution Policy but that alone did not constitute an abuse of process warranting a stay; however a recognizance given under s.36 of the Immigration Ordinance, in the factual context where the Director made a conscious decision to permit claimants to remain pending determination of asylum/torture claims, constitutes authority to remain for the purposes of s.38(1)(b) and therefore provides an arguable defence; consequent decisions of the magistrate were quashed and the matters remitted for reconsideration in accordance with these fin…