RE DONG XUAN CHUNG

[2025] HKCA 512 Court of Appeal 3 June 2025 • CACV71/2024 • 5 min read
2 cases cited (0 HK, 2 foreign) Cited by 1 case

Outcome

Appeal dismissed

we dismiss the appeal.

Source: [2025] HKCA 512, Court of Appeal, decided 3 June 2025. Read directly from the judgment.

Judges (2)

Parties (1)

Case Significance

Re Dong Xuan Chung [2025] HKCA 512 is a Court of Appeal decision on a non-refoulement claim argued under the Hong Kong Bill of Rights Ordinance, including section 8. The Court of Appeal held that 'we dismiss the appeal,' following the Court of First Instance's judgment in Dong Xuan Chung v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2024] HKCFI 588. The case was later cited in a further Court of Appeal decision also styled Re Dong Xuan Chung [2025] HKCA 860.

Summary

Vietnamese applicant Dong Xuan Chung appealed the refusal of leave for judicial review of the Torture Claims Appeal Board's decision dismissing his non-refoulement claim. The applicant consented to paper disposal but failed to lodge written submissions. The Court of Appeal (Chu VP and Cheung JA) dismissed the appeal.

What did the Court of Appeal decide in Re Dong Xuan Chung [2025] HKCA 512?

The Court of Appeal dismissed the appeal, holding 'we dismiss the appeal.' The non-refoulement claim was considered under the Hong Kong Bill of Rights Ordinance, section 8, following the Court of First Instance judgment in Dong Xuan Chung v. Torture Claims Appeal Board [2024] HKCFI 588.

Was Re Dong Xuan Chung [2025] HKCA 512 cited in later proceedings?

Yes. It was cited by a later Court of Appeal decision bearing the same case name, Re Dong Xuan Chung [2025] HKCA 860, indicating the non-refoulement matter returned before the Court of Appeal in a further appeal.

Statutes Cited

Cases Cited (2)

HK (2)
[2018] HKCA 524 [2024] HKCFI 588

Cited By (1)

Citation influence

HKLII records this judgment as cited by 1 later judgment. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

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 512)