Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Right to life (bill of rights article 2)

  • 8 Apr 2026

    VU NGOC LAM AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

    Citation
    [2026] HKCA 612
    Court
    Court of Appeal
    Case number
    CACV689/2025

    The appeal was dismissed because the 2nd applicant's appeal was misconceived (she had been granted leave) and the 1st applicant failed to advance any viable ground showing error by the judge; the Court will not substitute its view for the Board/Director absent legal error, procedural unfairness or irrationality.

    • Risk of persecution
    • Internal relocation
    • Leave to apply for judicial review
    • Procedural fairness
    • Right to life (bill of rights article 2)

  • 23 Sept 2025

    MANJINDER SINGH v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

    Citation
    [2025] HKCFI 4439
    Court
    Court of First Instance
    Case number
    HCAL348/2020

    The court dismissed the leave application because the applicant failed to particularize his grounds; the Board had carefully considered the evidence, made permissible factual findings that the case was a private grudge rather than state‑sponsored persecution, addressed COI and corruption issues, and committed no error of law, procedural unfairness or irrationality; accordingly the claim was not reasonably arguable and leave was refused.

    • Non-refoulement
    • Torture
    • Wednesbury unreasonableness
    • Judicial review
    • Right to life (bill of rights article 2)

  • 13 Mar 2025

    RE ARISANTI

    Citation
    [2025] HKCA 251
    Court
    Court of Appeal
    Case number
    CACV388/2024

    The appeal is dismissed because the applicant failed to identify with sufficient particularity any legal error in the Judge's assessment of the Board's decision and did not demonstrate a realistic prospect of success for judicial review; procedural non-compliance reinforced the refusal to grant leave.

    • Judicial review leave
    • Non-refoulement
    • Torture (bill of rights article 3)
    • Right to life (bill of rights article 2)
    • Procedural compliance with court directions

  • 21 Jul 2023

    RE WARIS MUHAMMAD

    Citation
    [2023] HKCA 887
    Court
    Court of Appeal
    Case number
    CACV130/2023

    The applicant's materials amounted to bare allegations without particulars and did not disclose reasonably arguable grounds for judicial review; there was no demonstrated error of law or procedural irregularity in the Board's decision or the Deputy Judge's refusal of leave, therefore the appeal is dismissed.

    • Non-refoulement
    • Judicial review (leave)
    • Torture claim (bill of rights article 3)
    • Right to life (bill of rights article 2)
    • Credibility and fact-finding

  • 19 Jun 2018

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

    Citation
    [2018] HKCFI 1288
    Court
    Court of First Instance
    Case number
    HCAL565/2017

    The court refused leave because the TCAB adjudicator's rehearing was lawfully conducted and not Wednesbury unreasonable, the applicant failed to establish procedural unfairness or a substantial error of law, the fear asserted was unsupported and internal relocation was viable, and the applicant abused process by making a tardy legal aid application, justifying lifting the statutory stay and proceeding to refusal of leave.

    • Non-refoulement
    • Torture risk (immigration ordinance part viic)
    • Cidtp (bill of rights article 3)
    • Right to life (bill of rights article 2)
    • Leave to apply for judicial review
    • Legal aid automatic stay (s15)