RE NGUYEN CONG THIENG

[2025] HKCA 128 Court of Appeal 21 February 2025 • CACV384/2024 • 9 min read
6 cases cited (0 HK, 6 foreign)

Outcome

Appeal dismissed

we dismiss the appeal.

Source: [2025] HKCA 128, Court of Appeal, decided 21 February 2025. Read directly from the judgment.

Judges (2)

Parties (1)

Case Significance

RE NGUYEN CONG THIENG [2025] HKCA 128 is a Court of Appeal decision of 21 February 2025 concerning the Hong Kong Bill of Rights Ordinance (including section 8) and the Rules of the High Court. It followed the Court of First Instance decision in NGUYEN CONG THIENG V. TORTURE CLAIMS APPEAL BOARD [2024] HKCFI 2423, and the Court of Appeal's holding was that "we dismiss the appeal." The court also referred to [2018] HKCA 246, [2018] HKCA 328, [2018] HKCA 400, [2018] HKCA 524 and [2013] 1 HKC 526.

Summary

Vietnamese national Nguyen Cong Thieng appealed against the refusal of extension of time for judicial review of the Torture Claims Appeal Board's decision rejecting his non-refoulement claim. The applicant's intended judicial review concerned risks of torture and persecution if returned to Vietnam. The appeal was dismissed.

What did the Court of Appeal decide in RE NGUYEN CONG THIENG [2025] HKCA 128?

The Court of Appeal held that "we dismiss the appeal," upholding the Court of First Instance decision in NGUYEN CONG THIENG V. TORTURE CLAIMS APPEAL BOARD [2024] HKCFI 2423, in a matter concerning the Hong Kong Bill of Rights Ordinance and the Rules of the High Court.

Statutes Cited

Cases Cited (6)

HK (6)
[2013] 1 HKC 526 [2018] HKCA 246 [2018] HKCA 328 [2018] HKCA 400 [2018] HKCA 524 [2024] HKCFI 2423

Related cases

Other Hong Kong judgments involving the same parties or counsel.

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2025] HKCA 128)