Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Judicial review (certiorari)

Legal area

Court

21 Jun 2006

SUN JIE v. REGISTRATION OF PERSONS TRIBUNAL AND OTHERS

Citation

SUN JIE v. REGISTRATION OF PERSONS TRIBUNAL AND OTHERS
Court

Court of Appeal
Case number

CACV320/2004

Leave to appeal was refused because the court found no arguable point of general or public importance: absence without permission breaks ordinary residence and the Director's refusal to exercise discretion did not provide a basis for quashing the decision.
3 Oct 2003

SECRETARY FOR SECURITY v. SAKTHEVEL PRABAKAR

Citation

SECRETARY FOR SECURITY v. SAKTHEVEL PRABAKAR
Court

Court of Final Appeal
Case number

FAMV18/2003

Leave to appeal was granted because the court identified two reasonably arguable questions of public law—whether UNCAT and the Hong Kong 1999 Report impose domestic duties on the Secretary for Security and whether the Secretary must investigate claims of torture independently of UNHCR conclusions—and concluded the public interest in resolving those questions justified granting leave despite the appeal being academic between the parties; leave was granted subject to a costs condition for the respondent if legal aid is not provided.