Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Tribunal fact‑finding and deference

Legal area

Court

5 Mar 2024

DR CHUNG HO YIN ANDREWS v. THE MEDICAL COUNCIL OF HONG KONG

Citation

[2024] HKCA 196
Court

Court of Appeal
Case number

CACV270/2021

The Court held the Medical Council's finding of no sufficient factual basis was unsound because the materials before the Council — including articles by Professor Chan and the appellant’s own experience and explanations — provided adequate factual foundation for the comments; consequently the disciplinary findings and reprimand could not stand and were quashed.
11 Nov 1997

BUI VAN AO v. THE REFUGEE STATUS REVIEW BOARD

Citation

BUI VAN AO v. THE REFUGEE STATUS REVIEW BOARD
Court

Court of Appeal
Case number

CACV179/1997

The Court of Appeal held the trial judge erred by usurping the fact-finding role of the specialist Refugee Status Review Board and substituting his view for findings that were within the range of reasonable conclusions. The Board's characterisation of the events as an industrial dispute and its credibility assessments were not Wednesbury irrational; therefore the quashing of the Board's decision and the declaration that the applicant was a refugee were set aside.