Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Standard of review on factual findings

  • 27 Mar 2026

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

    Citation
    [2026] HKCFI 1650
    Court
    Court of First Instance
    Case number
    HCAL1770/2021

    Leave to apply for judicial review was dismissed because the applicant failed to identify clear grounds and make full disclosure in Form 86, and the Board's decision contained no error of law, procedural unfairness or irrationality; the applicant's challenge was not reasonably arguable with realistic prospects of success.

    • Leave to apply for judicial review
    • Standard of review on factual findings
    • Procedural fairness
    • Credibility findings
    • Risk of torture (part viic)
    • Hkbor articles 2 and 3 risk

  • 4 Mar 2026

    KHAN MUHAMMAD AMIR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

    Citation
    [2026] HKCFI 1076
    Court
    Court of First Instance
    Case number
    HCAL841/2021

    The leave application was dismissed because the applicant failed to plead any specific or arguable public law grounds or particulars in Form 86 or the supporting affirmation, and the Board's findings that the applicant's account lacked credibility and that internal relocation was viable were not shown to involve any error of law, procedural unfairness or irrationality; consequently the challenge had no realistic prospects of success.

    • Leave to apply for judicial review
    • Non-refoulement
    • Risk of torture (immigration ordinance part viic)
    • Article 2 and 3 hkbor risks
    • Internal relocation
    • Procedural fairness

  • 15 Oct 2025

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

    Citation
    [2025] HKCFI 4713
    Court
    Court of First Instance
    Case number
    HCAL716/2021

    Leave to apply for judicial review was refused because the applicant failed to identify any arguable public law errors; the Board's adverse credibility findings and conclusions on state protection and internal relocation were factual findings not vitiated by error of law, procedural unfairness or irrationality; the Form 86 was deficient and the applicant provided no supporting affidavit and later sought withdrawal, so the challenge lacked realistic prospects of success.

    • Leave to apply for judicial review
    • Standard of review on factual findings
    • Procedural fairness
    • Credibility findings
    • State protection and internal relocation

  • 5 Sept 2025

    香港特別行政區 訴 梁曉彤

    Citation
    [2025] HKCA 814
    Court
    Court of Appeal
    Case number
    CACC215/2024

    The trial judge's factual findings based on the CCTV footage were within her province, were not plainly wrong, and established that the applicant either actively struck or wilfully neglected to protect the children; therefore leave to appeal against conviction was refused and the convictions were upheld.

    • Child abuse and neglect
    • Omission/failure to intervene
    • Cctv as evidence
    • Standard of review on factual findings
    • Joint liability

  • 26 May 2025

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

    Citation
    [2025] HKCFI 2113
    Court
    Court of First Instance
    Case number
    HCAL278/2020

    Leave was dismissed because the applicant failed to identify any arguable public law error in the Board's decision, the Board applied the law correctly and fairly and made factual findings not amenable to judicial interference, and the applicant indicated he no longer required protection such that the challenge lacked realistic prospects of success.

    • Judicial review
    • Leave to apply for judicial review
    • Mootness
    • Standard of review on factual findings
    • Procedural fairness

  • 7 May 2025

    律政司司長 訴 朱佩賢

    Citation
    [2025] HKCFI 1476
    Court
    Court of First Instance
    Case number
    HCMA393/2023

    The appeal is dismissed because the appellate court, having reviewed the footage and evidence and given proper weight to the trial judge's opportunity to see and hear witnesses, concluded the trial judge's factual findings that the respondent acted to protect the complainant and that there was no established common criminal plan were open to be made and not perverse; accordingly the acquittal stands and the respondent, as successful party in the appeal, is awarded costs of the appeal in a reasonable sum.

    • Joint enterprise
    • Common purpose
    • Standard of review on factual findings
    • Costs orders
    • Delay in prosecution

  • 21 May 2024

    袁 對 許

    Citation
    [2024] HKFC 106
    Court
    Family Court
    Case number
    FCMC6915/2011

    Leave to appeal refused because proposed grounds were rehashed factual and discretionary complaints already considered by the trial judge, appellant did not demonstrate any plain error in factual findings, and there is no reasonable prospect of success nor other reason warranting a hearing.

    • Maintenance (child support)
    • Variation of maintenance
    • Leave to appeal
    • Standard of review on factual findings

  • 20 Jan 2023

    香港特別行政區 訴 黃順添

    Citation
    [2023] HKCFI 32
    Court
    Court of First Instance
    Case number
    HCMA149/2021

    The magistrate's acceptance of the prosecution witness and the bus DVR visual evidence was within proper discretion and not plainly wrong; the visual recording, despite lacking audio, together with witness testimony established objectively that the appellant cut into the running lane without ensuring sufficient safety distance and thus drove below the required standard; the prosecution proved all elements beyond reasonable doubt, so the conviction must stand.

    • Careless driving
    • Credibility assessment
    • Use of vehicle dvr/cctv evidence
    • Standard of review on factual findings

  • 13 Sept 2022

    滿華樓業主立案法團 對 王陳靜及另一人

    Citation
    [2022] HKCFI 2840
    Court
    Court of First Instance
    Case number
    HCSA24/2022

    The court held that the appeal raised arguable legal questions under s29(2) because the tribunal's factual determination that the unit did not pay the instalment could be challenged as irrational, unsupported by evidence, or rendered by failure to consider relevant factors; accordingly permission to appeal was granted.

    • Leave to appeal
    • Standard of review on factual findings
    • Burden of proof on unexplained payments
    • Access to third party bank records
    • Credibility assessment

  • 13 Jul 2022

    香港特別行政區 訴 林孝球

    Citation
    [2022] HKCFI 2048
    Court
    Court of First Instance
    Case number
    HCMA491/2021

    The appellate court upheld the trial judge's credibility findings as rational and supported by the evidence, concluded the prosecution proved assault causing bodily harm beyond reasonable doubt, and held the 21‑day custodial sentence was not manifestly excessive or wrong in principle; therefore conviction and sentence were affirmed.

    • Assault causing bodily harm
    • Credibility of witnesses
    • Standard of review on factual findings
    • Use of antecedents in sentencing
    • Deterrence and rehabilitation