Hong Kong Case Law: Decisions & Judgments

Topic

Religious discrimination

Legal area

Court

4 Apr 2023

VERA-GUSTIAWATI alias GUSTIAWATI VERA alias VERA GUSTIAWATI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Citation

[2023] HKCFI 501
Court

Court of First Instance
Case number

HCAL293/2019

Leave was granted because the Board failed to take proper or sufficient account of the applicants' specific fear of discrimination and/or persecution by the Muslim community arising from A1's interfaith relationship and A2's mixed-race illegitimate status, and thereby did not properly assess the availability of internal relocation; the omissions make the intended judicial review reasonably arguable under the established leave test.
10 Feb 2022

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

Citation

[2022] HKCFI 428
Court

Court of First Instance
Case number

HCAL1892/2018

The court allowed the late amendment to add the child applicant but refused to extend time and refused leave because the applicants offered no good reason for the 6.5‑month delay and the intended judicial review was not reasonably arguable; TCAB's factual findings on low real risk, adequate state protection and feasible internal relocation were reasonable and there was no procedural unfairness amounting to error of law.
13 Feb 2008

KAN HUNG CHEUNG v. THE DIRECTOR OF IMMIGRATION

Citation

KAN HUNG CHEUNG v. THE DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL74/2007

Leave to apply for judicial review was set aside because the applicant deliberately misled the court as to when he became aware of the fax/email and failed to disclose other material information (airport demonstrations) which were relevant to the judge's exercise of discretion to hear an urgent ex parte application; given the materiality and seriousness of the non-disclosures and the tenuous merits of the substantive case, the court exercised its discretion to revoke leave and dismiss the proceedings.
4 Nov 2005

CHU WOAN CHYI AND OTHERS v. DIRECTOR OF IMMIGRATION

Citation

CHU WOAN CHYI AND OTHERS v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL32/2003

Court ordered limited discovery of specified watchlist-related documents (paras 1,2,3,4,5,7 and 9 of applicants' schedule) because those materials were necessary for fair disposal of contested factual issues about what information was available to decision‑makers and what guidance they used; discovery of dates of removal from the watchlist and similar material (paras 6 and 8) was refused as unnecessary fishing. The court applied the principle that discovery in judicial review is discretionary and only required where necessary to determine legal defects, balanced against presumption of regular…

Hong Kong Case Law

VERA-GUSTIAWATI alias GUSTIAWATI VERA alias VERA GUSTIAWATI AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

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

KAN HUNG CHEUNG v. THE DIRECTOR OF IMMIGRATION

CHU WOAN CHYI AND OTHERS v. DIRECTOR OF IMMIGRATION