Hong Kong Case Law: Decisions & Judgments

Topic

Definition of persecution

Legal area

Court

11 Jul 2025

KHAN ZOHRA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 2072
Court

Court of First Instance
Case number

HCAL238/2020

Leave was dismissed because the applicant failed to demonstrate a reasonably arguable case with realistic prospects: the Board correctly applied the law and evidential standards, found only low‑intensity past ill‑treatment by a private actor, no evidence of state involvement or acquiescence, no nexus to a protected ground, viable internal relocation, and no procedural unfairness or legal error warranting judicial intervention.
13 Dec 2002

LUU THE TRUONG v. THE CHAIRMAN OF THE REFUGEE STATUS REVIEW BOARD AND ANOTHER

Citation

LUU THE TRUONG v. THE CHAIRMAN OF THE REFUGEE STATUS REVIEW BOARD AND ANOTHER
Court

Court of First Instance
Case number

HCAL3261/2001

The RSRB applied the correct legal standard ('real chance' equivalent to established formulations), considered the applicant's personal history against comprehensive country information and UNHCR monitoring evidence, rationally rejected key parts of the applicant's account (including persistent denial of ho khau) as unproven or exaggerated, properly considered cumulative effects and letters evidencing willingness to return, and therefore its decision that the applicant was not a refugee was lawful and not Wednesbury unreasonable; judicial review dismissed.
31 Jul 1996

TRAN VAN TIEN and Others v. THE DIRECTOR OF IMMIGRATION and Another

Citation

TRAN VAN TIEN and Others v. THE DIRECTOR OF IMMIGRATION and Another
Court

Court of First Instance
Case number

HCMP3644/1995

The Board lawfully applied the 1951 Convention test as guided by the UNHCR Handbook; a 'well-founded fear' requires a 'real chance' of persecution assessed objectively; the Board was not obliged to consult wider international human rights instruments or the draft February 1992 UNHCR Guidelines; applying those principles to the facts, the Board's findings were not Wednesbury unreasonable and the applicants' judicial review claims are dismissed.

Hong Kong Case Law

KHAN ZOHRA v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

LUU THE TRUONG v. THE CHAIRMAN OF THE REFUGEE STATUS REVIEW BOARD AND ANOTHER

TRAN VAN TIEN and Others v. THE DIRECTOR OF IMMIGRATION and Another