Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Inhuman or degrading treatment

Legal area

Court

13 May 2026

NGUYEN THI LIEN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2026] HKCFI 2383
Court

Court of First Instance
Case number

HCAL1472/2025

The applicant failed to demonstrate any error of law, procedural unfairness or irrationality in the Board's factual findings; her grounds were general and unsupported by evidence and thus she had no realistic prospect of success on judicial review, so leave is refused.
27 Nov 2012

GA v. DIRECTOR OF IMMIGRATION

Citation

GA v. DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV45/2011

The appeals are dismissed. The Court held that HKBORO s.11 must be given its ordinary meaning and covers immigration legislation governing entry, stay (including conditions as to duration and purpose) and departure for persons without the right to enter and remain; accordingly the appellants could not invoke rights under the HKBORO/BOR or ICCPR to challenge the Director's policy refusing permission to work. The UK reservation/notification to ICESCR6 modifies the ICESCR right to work so it does not operate to afford a right to work to non-permanent residents subject to conditions of stay. Basi…