Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Standards of proof

Legal area

Court

26 Oct 2018

B K LIL BAHADUR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2018] HKCFI 1923
Court

Court of First Instance
Case number

HCAL146/2018

Leave to apply for judicial review was refused because the Applicant failed to demonstrate any reasonably arguable legal or procedural error by the Director or the Adjudicator; both decision‑makers applied the correct legal tests, considered credible and relevant evidence, afforded procedural fairness, and reached decisions that were open and eminently reasonable on the facts, such that there was no realistic prospect of success on judicial review.
3 Dec 1998

SECRETARY FOR JUSTICE v. LEE CHAU PING AND ANOTHER

Citation

SECRETARY FOR JUSTICE v. LEE CHAU PING AND ANOTHER
Court

Court of First Instance
Case number

HCMP4412/1996

For absconded defendants whose whereabouts are unknown the court may rely on a s.5 statement to satisfy s.3(2)(c)(iii) that the person could have been convicted; the appropriate standard for that factual satisfaction is the civil standard (balance of probabilities); third parties have no standing to oppose the confiscation application itself but have rights to challenge realization under s.12, and where evidence and statutory assumptions show benefit and control the court may assess proceeds and order confiscation and certificates accordingly.