Hong Kong Case Law: Decisions & Judgments

Topic

Judicial bias/recusal

Legal area

Court

22 Jan 2026

LI XIAO YI v. TANG CHUNG WAH (also known as ALAN CHUNG WAH TANG)

Citation

[2026] HKCFI 381
Court

Court of First Instance
Case number

HCMP406/2025

Leave to appeal was refused because the proposed appeal merely re-ran meritless, fact-sensitive arguments without a reasonable prospect of success; no demonstrable actual or apparent bias was established; indemnity costs were not justified by the Defendant's conduct though a certificate for two counsel was appropriate; the claimed overall costs were excessive and the matter is referred to taxation for assessment.
7 Jan 2025

TANG YISU 對 SUNGUARD SECURITY CO LTD

Citation

[2025] HKDC 33
Court

District Court
Case number

DCEC1028/2021

The judge refused permission to appeal because the applicant failed to demonstrate a reasonable prospect of success or any other reason in the interests of justice under s63A(2) Cap.336; the application to replace the judge was dismissed for lack of any evidential basis of bias; the applicant's attempts to set aside earlier costs orders and the conduct in Court amounted to an abuse of process; the applicant was ordered to pay the respondent's costs with directions for a summary assessment procedure.
13 Sept 2024

朱賽金對 PIZZAEXPRESS (HONG KONG) LTD

Citation

[2024] HKCFI 2396
Court

Court of First Instance
Case number

HCLA27/2024

Leave to appeal was refused because the applicant failed to identify any arguable error of law or excess of jurisdiction; the adjudicator's determinations were factual credibility assessments supported by the evidence, allegations of bias and collusion were without factual or legal foundation and amounted to abuse of process; therefore the statutory threshold for granting permission was not met.
17 Aug 2018

莊裕安對高院上訴排期主任吳素蘭及另一人

Citation

[2018] HKCA 502
Court

Court of Appeal
Case number

CACV31/2018

The reassignment of the appeal to three bilingual Chinese-speaking judges was reasonable and justified by the language of the papers and parties; the applicant had no enforceable right to insist on non-Chinese-speaking judges; allegations of bias and judicial interference were unsubstantiated; the judicial review application had no arguable basis and was an abuse of process; accordingly the High Court judge was correct to refuse permission and the Court of Appeal dismissed the appeal and affirmed that refusal.
24 Jul 2013

香港特別行政區訴張建忠

Citation

香港特別行政區訴張建忠
Court

Court of First Instance
Case number

HCMA374/2013

The appeal is dismissed because the magistrate gave clear, adequate reasons demonstrating good cause to refuse the issuance of summons under Cap.227 s8(1B)(b), and no reasonable fair-minded and informed observer would apprehend bias; therefore there was no breach of the Bill of Rights or denial of a fair hearing.
5 Sept 2001

HKSAR v. CHENG PUI MAN, DICKY

Citation

HKSAR v. CHENG PUI MAN, DICKY
Court

Court of First Instance
Case number

HCMA651/2001

The real danger test applies; the magistrate did not err in refusing a trial de novo because she expressly dismissed the evidence of prior convictions from her mind, the disclosure did not reveal the actual prior offences, and on the whole of the evidence there was no real danger of bias; appeal dismissed and conviction upheld.
1 Feb 2000

HKSAR v. WONG FUNG

Citation

HKSAR v. WONG FUNG
Court

Court of Appeal
Case number

CACC306/1999

Leave to appeal out of time was refused because the applicant provided no good reason for the substantial delay and, on the merits, there was no real danger of bias: the judge could and did disregard the co-defendants' admitted facts identifying D5 and the evidence against the applicant was overwhelming, so the convictions were safe.

Hong Kong Case Law

LI XIAO YI v. TANG CHUNG WAH (also known as ALAN CHUNG WAH TANG)

TANG YISU 對 SUNGUARD SECURITY CO LTD

朱賽金 對 PIZZAEXPRESS (HONG KONG) LTD

莊裕安 對 高院上訴排期主任吳素蘭及另一人

香港特別行政區 訴 張建忠

HKSAR v. CHENG PUI MAN, DICKY

HKSAR v. WONG FUNG

朱賽金對 PIZZAEXPRESS (HONG KONG) LTD

莊裕安對高院上訴排期主任吳素蘭及另一人

香港特別行政區訴張建忠