HKSAR V. HA BUT YEE

[2025] HKCA 517 Court of Appeal 29 May 2025 • CACC104/2023 • 5 min read

3 cases cited (0 HK, 3 foreign)

Outcome

Application refused

the application is refused.

Source: [2025] HKCA 517, Court of Appeal, decided 29 May 2025. Read directly from the judgment.

Judges (3)

M Poon Coram Macrae Coram Zervos Coram

Counsel (6)

Department of Justice Firm K B Chau & Co Firm Betty Fu Counsel Respondent Brian Chau Counsel Applicant Matthew Hui Counsel Respondent Robert SK Lee Counsel Applicant

Parties (2)

HKSAR Respondent Ha But Yee Applicant

Case Significance

In HKSAR v. Ha But Yee [2025] HKCA 517, the Court of Appeal considered an application concerning section 32(2) of the Hong Kong Court of Final Appeal Ordinance, in a matter also involving the Crimes Ordinance and section 9(2)(a) of the Prevention of Bribery Ordinance. The application followed an earlier Court of Appeal decision in the same matter, HKSAR v. Ha But Yee [2025] HKCA 274. The court refused the application, holding that 'the application is refused.'

Summary

Non-refoulement judicial review appeal heard by the Court of Appeal. The applicant sought to challenge the refusal of leave for judicial review of the Torture Claims Appeal Board's decision dismissing their non-refoulement claim. The appeal was dismissed.

What did the Court of Appeal decide in HKSAR v. Ha But Yee [2025] HKCA 517?

The Court of Appeal refused the application in HKSAR v. Ha But Yee [2025] HKCA 517, a matter concerning section 32(2) of the Hong Kong Court of Final Appeal Ordinance, holding that 'the application is refused.'

Did HKSAR v. Ha But Yee [2025] HKCA 517 follow an earlier Court of Appeal decision in the same matter?

Yes. HKSAR v. Ha But Yee [2025] HKCA 517 followed an earlier Court of Appeal decision in the same matter, HKSAR v. Ha But Yee [2025] HKCA 274, which also concerned the Crimes Ordinance and the Prevention of Bribery Ordinance.