24 Apr 2024
Because the applicant expressly sought to withdraw the leave application and there was nothing outstanding in the proceeding, the court applied the Court of Appeal authority in Re Manik and dismissed the application for leave rather than leaving the action at large.
21 Oct 2022
The sentencing judge's starting point and discounts were within acceptable guidelines, and the father's terminal illness did not constitute an exceptional humanitarian circumstance sufficient to justify reducing the sentence; therefore the appeal against sentence is dismissed and the six months' imprisonment sentence is affirmed.
1 Aug 2022
Because the applicant withdrew his application and there was nothing outstanding, the correct disposition is dismissal of the leave application pursuant to the authority in Re Manik Md Mahamudun Nabi [2022] HKCA 471.
10 Sept 2020
The magistrate was entitled to accept the police confession as voluntary and to rely on the employer's application form and photo corroboration; those findings provided proof beyond reasonable doubt that the appellant used a forged identity card, and the appellate court will not disturb rational factual findings or the sentence which followed established guidelines.
22 Apr 2020
The court held the appellant had no right to appeal her conviction because she entered a clear, informed guilty plea made with legal representation and interpreter; there was no evidence the plea was invalid under Wong Chi Yuk nor any exceptional circumstances under Chan Tsz-ho, and alternatively the conviction was safe, so the appeal is dismissed and the conviction confirmed.
8 Feb 2019
Leave was refused because the Adjudicator dismissed the appeal as a direct consequence of the applicant's voluntary withdrawal, leaving no arguable or reviewable decision by the Adjudicator to support a judicial review application.
23 Mar 2018
The Director lawfully exercised his discretion under the Immigration Ordinance, gave consideration to the applicants' circumstances including family ties and children, applied a lawful policy requiring exceptional humanitarian grounds to depart, and the court will not substitute its own balancing; the judicial reviews are dismissed because there was no procedural unfairness and no irrationality in the decisions.
23 Mar 2018
The court upheld the Director's decisions. The Director had lawfully applied the departmental policy and exercised residual discretion; he had taken into account the applicants' family circumstances and humanitarian representations and there was no procedural unfairness or Wednesbury‑level irrationality established. The applicants failed to show a legal duty to prioritise Basic Law or Bill of Rights interests that would override the statutory immigration discretion, and non‑refoulement claims were being processed through the appropriate specialist mechanism.
23 Mar 2018
Leave to apply for judicial review is refused because the applicants failed to identify any reasonably arguable ground; the Director and the Appeal Board considered the claims fully and fairly with no error of law or procedure, and there was no realistic prospect of success.
18 Oct 2017
All relevant pre-sentence custody as defined by s67A CPO must be credited against the total effective sentence, without double counting; where offences are concurrent or overlapping deductions are applied to the longest or last expiring sentence and calculated as a whole. Applying those principles the magistrate properly credited 40 days against the 22 month TMCC 2032 sentence, took STCC 5298 into account by reducing the consecutive element, and therefore the appeal against sentence must be dismissed.