Hong Kong Case Law: Decisions & Judgments

Topic

Police corruption

Legal area

Court

4 Apr 2019

LE THI ANH TUYET v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2019] HKCFI 848
Court

Court of First Instance
Case number

HCAL458/2018

Applicant filed the Form 86 19 days out of time without a satisfactory explanation; the intended grounds lacked particularity and had no real prospect of success because the Director and Board reasonably found the risk to be low, there was no evidence of state complicity or inability to protect, and internal relocation in Vietnam was reasonable; accordingly there was no good reason to extend time and leave to apply for judicial review was refused.
9 Jul 2018

REHMAN MAQBOOL UR v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

Citation

[2018] HKCFI 1465
Court

Court of First Instance
Case number

HCAL722/2017

The applicant's complaints lacked reasonable arguability; the Director and the Adjudicator had proper factual and legal bases for their findings, were not Wednesbury unreasonable, provided adequate opportunities and procedural fairness, and reasonably concluded that state protection and internal relocation were available; accordingly leave to apply for judicial review was refused.
14 Aug 2015

RIZAUL v. DIRECTOR OF IMMIGRATION

Citation

RIZAUL v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL90/2015

The leave application is refused because the Adjudicator's credibility findings and assessment that the incidents were commercial/family matters with low risk and no evidence of official involvement were reasonable and not perverse; any risk would be reduced by internal relocation, and therefore the applicant has no realistic prospect of success on his non-refoulement/torture claims.
17 Jan 2006

CHAU SHING SUI v. HKSAR

Citation

CHAU SHING SUI v. HKSAR
Court

Court of Final Appeal
Case number

FAMC78/2005

Leave to appeal was refused because the sergeant was not part of the core four‑officer team whose evidence the jury accepted; the subsequent conviction of the sergeant did not, on the totality of the evidence, render the applicant's convictions unsafe.
6 Feb 1991

THE QUEEN v. CHU CHUN WAH AND OTHERS

Citation

THE QUEEN v. CHU CHUN WAH AND OTHERS
Court

Court of Appeal
Case number

CACC192/1989

Given the scale and seriousness of the manufacturing operation, the starting point of 18 years for manufacturing was not excessive; however the 1st appellant's guilty plea and lesser role justified reduction to 16 years, and although the 4th and 5th appellants' conduct in attempting to defeat the course of justice was serious, the court found the original starting points too high and reduced their sentences to 5 years and 3.5 years respectively.
16 Sept 1976

CHAN SIK-KWONG v. THE QUEEN

Citation

CHAN SIK-KWONG v. THE QUEEN
Court

Court of Appeal
Case number

CACC888/1976

The Court reduced the sentence because the comparative case list showed the original three year sentence was excessive and the appellant's guilty plea and full cooperation warranted substantial mitigation, resulting in reduction to eighteen months' imprisonment.

Hong Kong Case Law

LE THI ANH TUYET v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

REHMAN MAQBOOL UR v. DIRECTOR OF IMMIGRATION AND ANOTHER [Decision on Leave Application]

RIZAUL v. DIRECTOR OF IMMIGRATION

CHAU SHING SUI v. HKSAR

THE QUEEN v. CHU CHUN WAH AND OTHERS

CHAN SIK-KWONG v. THE QUEEN