Hong Kong Case Law: Decisions & Judgments

Topic

Restricted proceedings orders

Legal area

Court

13 Jan 2023

ALI WAJID ALIAS WAJRD ALI alias WAQAS MOHAMMAD v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

Citation

[2023] HKCFI 95
Court

Court of First Instance
Case number

HCAL954/2022

Leave to apply for judicial review was granted because the Director's Decision contained legal error and/or irrationality in failing to address whether apostasy treated as blasphemy in Pakistan and whether that law plus COI established a personal risk to the applicant; the material raised a realistic prospect of success warranting further consideration by the Board and no restricted proceedings order was appropriate because the subsequent claim relied on different facts.
28 Feb 2022

REZA SAHIN v. DIRECTOR OF IMMIGRATION

Citation

[2022] HKCA 327
Court

Court of Appeal
Case number

CACV422/2021

A CFI judge may, exercising the court's inherent jurisdiction and subject to procedural fairness and proportionality, make restrictive orders (RPOs/RAOs) that require a litigant who has habitually pursued wholly unmeritorious proceedings to obtain leave from a CFI judge before lodging further appeals; where the judge appropriately finds persistent vexatious conduct and disproportionate misuse of the appellate process the RPO may be imposed for a specified period. Applying those principles, both appeals were dismissed as unmeritorious; SK's RPO was set aside for failure to give procedural noti…
11 Mar 2021

RE LEUNG KIT HING DORIS

Citation

[2021] HKCA 259
Court

Court of Appeal
Case number

CAMP170/2020

The Court held that CACV 115/2020 was incompetent because required leave under s63 District Court Ordinance was not obtained, that Ms Leung lacks locus standi to participate in DCCJ 4497/2017 making her applications incurably defective, and therefore the notices and summonses were struck out or dismissed; CAMPs 124, 170 and 178/2020 were dismissed or refused; and an interim restraint was justified to prevent continued abuse while submissions on formal RPO/RAO are obtained.
15 Jul 2020

林雪梅是赤柱街120號 AND ANOTHER v. 雋暉有限公司

Citation

[2020] HKCFI 1557
Court

Court of First Instance
Case number

HCA2333/2019

The statement of claim disclosed no reasonable cause of action and was scandalous, frivolous and vexatious and constituted an abuse of process; D acquired title to Lot 95 by a valid mortgagee sale and P had no title or interest to enforce against D; accordingly the SoC was struck out, the action dismissed, restricted proceedings and application orders were imposed and costs awarded to D on an indemnity basis.
16 Dec 2005

SECRETARY FOR JUSTICE v. MA KWAI CHUN

Citation

SECRETARY FOR JUSTICE v. MA KWAI CHUN
Court

Court of First Instance
Case number

HCMP1471/2005

The court concluded that on the evidence the respondent had habitually and persistently and without reasonable ground instituted vexatious legal proceedings; given the multiplicity, breadth and abusive manner of the litigation and her persistence in exhausting appellate avenues, a Section 27 order was a proportionate and necessary remedy and should be made requiring prior judicial leave before instituting or continuing proceedings.

Hong Kong Case Law

ALI WAJID ALIAS WAJRD ALI alias WAQAS MOHAMMAD v. DIRECTOR OF IMMIGRATION [Decision on Leave Application]

REZA SAHIN v. DIRECTOR OF IMMIGRATION

RE LEUNG KIT HING DORIS

林雪梅是赤柱街120號 AND ANOTHER v. 雋暉有限公司

SECRETARY FOR JUSTICE v. MA KWAI CHUN