Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

State involvement/acquiescence

Legal area

Court

23 May 2014

PAV v. WILLIAM LAM, ADJUDICATOR (TORTURE PETITIONS)

Citation

PAV v. WILLIAM LAM, ADJUDICATOR (TORTURE PETITIONS)
Court

Court of First Instance
Case number

HCAL88/2013

No arguable grounds for judicial review: applicant failed to present a prima facie case of risk of torture or state acquiescence; adjudicator was entitled to determine the petition without an oral hearing after giving notice and opportunities to present information; burden rested on applicant to prove risk; refusal to adjourn pending choice of counsel did not amount to procedural unfairness warranting leave.
23 Sept 2013

GALLOLU KANKANAMALAGE NIMAL PERERA v. DIRECTOR OF IMMIGRATION PETITION TEAM

Citation

GALLOLU KANKANAMALAGE NIMAL PERERA v. DIRECTOR OF IMMIGRATION PETITION TEAM
Court

Court of Appeal
Case number

CACV215/2012

The judge and Court of Appeal correctly refused leave because the Adjudicator reasonably concluded the conduct was private debt-recovery by a non-state actor and there was no evidence or arguable basis showing state involvement or acquiescence; general country evidence was insufficient to establish a personal risk of torture, so no reasonably arguable ground for judicial review existed.