Hong Kong Case Law: Decisions & Judgments

Topic

Voluntary return

Legal area

Court

4 Nov 2025

HOANG VAN DONG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 4994
Court

Court of First Instance
Case number

HCAL1369/2023

The application for leave to apply for judicial review was dismissed because the applicant voluntarily withdrew the application, expressed an intention to return to Vietnam and there was no evidence the withdrawal was not by his free will, leaving no outstanding matter to be determined; dismissal was therefore appropriate under the cited authority and Order 53.
17 Jun 2025

BASHARAT ADNAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 2494
Court

Court of First Instance
Case number

HCAL126/2020

Because the applicant made an apparent voluntary written application to be returned to Pakistan and confirmed he had nothing further to add when given the opportunity, the court concluded the leave application was moot and dismissed the application; the court also amended Form 86 to add the Director of Immigration as a putative interested party.
9 Jan 1996

R. v. LEE CHI MING

Citation

R. v. LEE CHI MING
Court

Court of Appeal
Case number

CACC588/1995

Given the breach of trust, the number of offences and the substantial amount missing, the aggregate sentence of 3 years imprisonment was not manifestly excessive and the appeal is refused.
17 Feb 1979

PUN YING-CHAU v. THE QUEEN

Citation

PUN YING-CHAU v. THE QUEEN
Court

Court of Appeal
Case number

CACC140/1979

The appeal was allowed in part because the magistrate failed to give sufficient weight to the appellant's voluntary return and the public interest in encouraging fugitives to return; these mitigating factors justified reducing the custodial sentence so the appellant could be released immediately.

Hong Kong Case Law

HOANG VAN DONG v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

BASHARAT ADNAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

R. v. LEE CHI MING

PUN YING-CHAU v. THE QUEEN