Hong Kong Case Law: Decisions & Judgments

Topic

Language assistance and translation

Legal area

Court

23 Mar 2023

RE NG MAGIE VENTURA

Citation

[2023] HKCA 401
Court

Court of Appeal
Case number

CACV321/2021

The Notice of Motion was dismissed because the applicant's proposed appeal was wholly without substance: her allegations were bare, vague and unsupported by evidence; she failed to identify any specific error in the Court's judgment; the matters raised were fact‑specific and did not raise a question of great general or public importance under s 22(1)(b) HKCFAO; accordingly there was no basis to grant leave to appeal to the Court of Final Appeal.
18 Jul 2019

FATMAWATI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 1797
Court

Court of First Instance
Case number

HCAL1740/2018

Leave to apply for judicial review was refused because the applicant failed to demonstrate exceptional circumstances to judicially review the Director's decision, the Board provided the statutory and adequate appellate remedy and had considered and rejected the claim on its merits, and the applicant lacked a reasonable prospect of success with procedural fairness complaints found unsupported or inconsistent.
1 Feb 2019

RE SITI NURUSSAADAH S (a minor)

Citation

[2019] HKCA 142
Court

Court of Appeal
Case number

CACV337/2018

Leave to apply for judicial review was refused and the appeal dismissed because the applicants' complaints were not reasonably arguable: lack of legal representation and lack of translated documents did not establish real prejudice; the Board's and Director's findings on proscribed risks, state protection and internal relocation were supported by evidence and not Wednesbury-unreasonable; and the applicants' procedural non-compliance (failure to lodge skeletons) justified determining the appeal on paper.
12 Nov 2018

RE SANDHU RANJIT SINGH

Citation

[2018] HKCA 779
Court

Court of Appeal
Case number

CACV228/2018

Leave to apply for judicial review was refused and the appeal dismissed because the grounds advanced were unarguable: lack of legal representation at the Board did not establish a right to relief; translation complaints were speculative with no particulars; the applicant failed to raise alleged non‑receipt at the hearing and produced no additional evidence; the Director's absence did not cause prejudice; and procedural requirements including skeleton argument non‑compliance justified processing on paper.
30 Oct 2018

RE GURUNG AMITA

Citation

[2018] HKCA 769
Court

Court of Appeal
Case number

CACV168/2018

Leave to apply for judicial review was properly refused because the TCAB reheard and considered the BOR 2 issue so the Director's Further Decision was overtaken, the applicant failed to show procedural unfairness or real prejudice from lack of translation or lack of legal representation, and the decisions of the Director and the Board were not Wednesbury unreasonable; therefore the claim was not reasonably arguable and had no realistic prospect of success.

Hong Kong Case Law

RE NG MAGIE VENTURA

FATMAWATI v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION AND ANOTHER [Decision on Leave Application]

RE SITI NURUSSAADAH S (a minor)

RE SANDHU RANJIT SINGH

RE GURUNG AMITA