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Hong Kong decisions
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The Court of First Instance refused leave for judicial review of a Torture Claims Appeal Board decision, finding no arguable error of law, unfairness, or irrationality.
Leave to apply for judicial review was refused in a non-refoulement case because the applicant gave no particulars, and the Board’s credibility findings disclosed no reviewable error.
The Court of First Instance dismissed a judicial review of the Law Society Council’s referral of a solicitor to the SDT, holding the departure from normal procedure was justified and no apparent bias or bad faith was shown.
Leave to apply for judicial review was refused. The court held the applicant’s grounds were vague, the Board gave detailed reasons, and no reviewable error was shown.
Leave for judicial review was refused in a non-refoulement case because the applicant identified no arguable grounds and the Board’s decision disclosed no legal error.
The High Court dismissed leave for judicial review over a hospital medical fee waiver refusal, holding no arguable error, unfairness, inadequate reasons, or irrationality.
Cheng J refused an interim-interim mandatory injunction, finding the alleged delegation, bad faith, urgency, and funding risk were not sufficiently established.
The Court held the Secretary for Health had no statutory power to invalidate specified medical exemption certificates, quashing the related Vaccine Pass directions.
The Court held that the prosecution proved all elements of the offences beyond reasonable doubt: the appellant's teacher registration had been validly cancelled (delegation evidenced and valid), he remained in school during the charged period without the required written permission, and s72(2)(a)(ii) and the approval mechanism are constitutional and proportionate to the legitimate aim of protecting pupils and school management. Collateral challenge to the administrative cancellation was not permissible in the criminal trial. Accordingly the convictions and sentence were upheld.
Source excerpt
The Court of First Instance quashed removal decisions against Falun Gong banners, holding that s 104A(1)(b) lacked sufficient legal certainty as applied to the demonstrations.
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