Hong Kong Case Law: Decisions & Judgments

Topic

Legal aid procedure

Legal area

Court

11 Apr 2025

HAYAT SIKANDAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 1506
Court

Court of First Instance
Case number

HCAL2358/2020

Leave to apply for judicial review was refused because the applicant failed to specify any arguable ground; the Board’s findings on credibility, state non-involvement, availability of state protection and viability of internal relocation were factual determinations within the Board’s province and showed no error of law, procedural unfairness or irrationality, so the proposed judicial review lacked realistic prospects of success.
16 Apr 2018

中國大冶有色金屬礦業有限公司對陳翔

Citation

[2018] HKDC 413
Court

District Court
Case number

DCCJ1121/2017

The application to set aside the registered summary judgment was dismissed because the defendant's proposed defence lacked a real prospect of success; although the bereavement excuse was accepted, procedural failures and unjustified delay (including misuse of legal aid process) and prejudice to the plaintiff outweighed grounds to set aside; costs were ordered against the defendant including a barrister's brief to be assessed by summary assessment and paid immediately.
2 Jul 1993

LEE SHIU MING v. YEO HIAP SENG (HONG KONG) LTD.

Citation

LEE SHIU MING v. YEO HIAP SENG (HONG KONG) LTD.
Court

Court of Appeal
Case number

CACV39/1993

The Deputy Judge misdirected himself in law and fact in lifting the statutory stay and dismissing the application for leave to appeal; because the Legal Aid Department had complied with s.15(2) and the non‑attendance was excusable, the discretion under s.15(4) should have resulted in the stay remaining in place; the order lifting the stay and dismissing the application was set aside and the matter remitted to the High Court for rehearing by a different judge.

Hong Kong Case Law

HAYAT SIKANDAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

中國大冶有色金屬礦業有限公司 對 陳翔

LEE SHIU MING v. YEO HIAP SENG (HONG KONG) LTD.

中國大冶有色金屬礦業有限公司對陳翔