Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Security watchlist
  • 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…