Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Evidence weighing

Legal area

Court

26 Jan 2022

HAMID MAHMOOD v. DIRECTOR OF IMMIGRATION

Citation

[2022] HKCFI 202
Court

Court of First Instance
Case number

HCAL2457/2020

The questions posed by the Director about the applicant's age and the mother's absence were relevant to the central issue of genuine dependency; the Director's weighing of the available evidence was within his broad discretion and not irrational; the applicant failed to demonstrate reasonably arguable grounds of error in the Decision; leave to apply for judicial review was dismissed and no extension of time was granted given lack of merit.
28 Apr 2014

FAIRBO INVESTMENT LTD AND ANOTHER v. APPEAL TRIBUNAL (BUILDINGS)

Citation

FAIRBO INVESTMENT LTD AND ANOTHER v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of First Instance
Case number

HCAL35/2012

The Court quashed the Tribunal's findings that the Lanes were government land by surrender by estoppel and that a right of way had been created in favour of the Government because the Tribunal failed to take into account relevant and material evidence (the 1957 assignments conveying parts of the Lanes and the fact that the intended new lot numbers were never implemented) and because the evidence relied upon did not reasonably support a legal right of way as distinct from a mere licence; the technical ground was also wrongly relied on as it was not live. The appropriate remedy is quashing the…