Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Victim identification screening (vis)

Legal area

Court

31 Jul 2024

M v. SECRETARY FOR SECURITY AND OTHERS

Citation

[2024] HKCFI 1983
Court

Court of First Instance
Case number

HCAL1034/2021

The court held that M (HCAL 1034/2021) failed to establish that the VIS process or investigative duty under BOR4 was unlawfully applied and refused extension/leave for all grounds; N (HCAL 961/2021) established breach of the HKSARG's own VIS policy in relation to Tier2 screening (Ground 1) so extension and leave were granted on that ground and substantive breach of policy was found, but the court exercised discretion to withhold further relief as no practical benefit would follow; claims that BOR4 requires bespoke criminal offences or that undomesticated international conventions impose domes…
24 Nov 2022

DM v. COMMISSIONER OF CUSTOMS & EXCISE AND ANOTHER

Citation

[2022] HKCFI 3476
Court

Court of First Instance
Case number

HCAL460/2022

The judicial review was dismissed as an abuse of process and for delay: the threshold issue of whether there was a credible suspicion that the applicant was a victim of trafficking/forced labour had been fully considered and rejected by the trial judge and the Court of Appeal; permitting a fresh VIS now would amount to a collateral attack on those final decisions, would risk undermining the safety of the conviction, and no special circumstances existed to disapply abuse of process; the application was also not promptly brought and no adequate explanation justified extension of time.