Hong Kong Case Law: Decisions & Judgments

Topic

Unreasonable delay

Legal area

Court

6 Mar 2026

THE HONG KONG JOURNALISTS ASSOCIATION v. THE COMMISSIONER FOR TRANSPORT

Citation

[2026] HKCFI 917
Court

Court of First Instance
Case number

HCAL559/2024

The Policy and TD318 are within the Commissioner’s statutory powers and lawful; the Public Interest Route is a permissible, proportionate balancing mechanism to protect privacy while allowing bona fide journalistic access in appropriate cases; the Notification Service and data collection do not unlawfully fetter discretion; individual delays and the rejections challenged did not cross the high threshold of public‑law irrationality; the judicial review is dismissed.
16 Aug 2024

MANZOOR ALAM v. DIRECTOR OF IMMIGRATION

Citation

[2024] HKCFI 2151
Court

Court of First Instance
Case number

HCAL860/2024

Detention remained lawful because removal/deportation was actively pursued, there was no legal impediment, and the principal cause of delay was the applicant's repeated refusal to cooperate with re-entry formalities and consular requirements; coupled with demonstrated risks of absconding and reoffending and lack of local ties, the period of detention (338 days) was reasonable under s32(4A) and relevant case law, so habeas corpus relief was refused.
12 Oct 2015

LAW YIU WAI, RAY v. THE MEDICAL COUNCIL OF HONG KONG AND OTHERS

Citation

LAW YIU WAI, RAY v. THE MEDICAL COUNCIL OF HONG KONG AND OTHERS
Court

Court of First Instance
Case number

HCAL46/2015

The dismissal of the second complaint was quashed because the Chairman and Deputy Chairman of the PIC exceeded their narrow first‑stage screening function by attempting to resolve medical evidence and applying the wrong test, failed to give adequate reasons in light of new material (including the civil judgment and joint expert report), and the handling involved unreasonable delay; the proper remedy was certiorari, remittal to a differently constituted PIC (different Chairman and Deputy Chairman) for fresh consideration in accordance with statutory procedure and the court's guidance, with dir…
21 Nov 2014

ATIF MUHAMMAD v. HONG KONG SAR GOVERNMENT

Citation

ATIF MUHAMMAD v. HONG KONG SAR GOVERNMENT
Court

Court of First Instance
Case number

HCAL139/2014

The habeas corpus application was refused because the Director had statutory authority to detain the applicant and reasonably believed the non-refoulement claim could be determined expeditiously; delays were attributable to events outside the Director's control (late filing and rescheduling) and there was no evidence of deliberate punitive delay by immigration staff, so detention was not rendered unlawful by excessive duration.

Hong Kong Case Law

THE HONG KONG JOURNALISTS ASSOCIATION v. THE COMMISSIONER FOR TRANSPORT

MANZOOR ALAM v. DIRECTOR OF IMMIGRATION

LAW YIU WAI, RAY v. THE MEDICAL COUNCIL OF HONG KONG AND OTHERS

ATIF MUHAMMAD v. HONG KONG SAR GOVERNMENT