11 Mar 2020
G AND OTHERS v. MR LAM, KUI-PO, WILLIAM, DEPUTY CHAIRPERSON OF THE TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE AND OTHERS
- Citation
- [2020] HKCFI 377
- Court
- Court of First Instance
- Case number
- HCAL316/2019
Court held that non-disclosure of the requested incident documents was not procedurally unfair or Wednesbury unreasonable because the laptop loss post-dated the events relevant to the non-refoulement claims and the incident did not constitute adverse material that would affect the merits; proceeding with de novo hearings without disclosure therefore was not unlawful. However, the 2nd Respondent lacked jurisdiction to set aside Issued Decisions already given by the Board because those decisions were final and the Board was functus officio; consequently the 2nd Decision directing that certain I…