CB V. COMMISSIONER OF POLICE, SECRETARY FOR JUSTICE, SECRETARY FOR SECURITY

[2025] HKCFA 10 Court of Final Appeal 11 June 2025 • FACV1/2025 • 36 min read

13 cases cited (0 HK, 13 foreign) Cited by 1 case

Outcome

Leave to appeal granted

leave to appeal was granted in the negative.

Source: [2025] HKCFA 10, Court of Final Appeal, decided 11 June 2025. Read directly from the judgment.

Judges (5)

Cheung Coram Fok Coram Gummow Coram Lam Coram Ribeiro Coram

Counsel (10)

Department of Justice Firm Patricia Ho & Associates Firm Abraham Chan Counsel Appellant Albert N B Wong Counsel Appellant Alvin Cheung Counsel Appellant Celeste Chan Counsel Respondent Jin Pao Counsel Respondent Lord Pannick Counsel Respondent Martin Ho Counsel Respondent Monica Carss-Frisk Counsel Appellant

Parties (4)

Commissioner of Police Respondent Secretary for Justice Respondent Secretary for Security Respondent Cb Appellant

Case Significance

CB v Commissioner of Police, Secretary for Justice, Secretary for Security [2025] HKCFA 10 traces a litigation history spanning the Court of First Instance, the District Court, and the Court of Appeal. Related proceedings include CB v Commissioner of Police and Another [2024] HKCA 1086 and, involving a differently named respondent, CB v Apthorp, Brian Drew [2024] HKDC 1160 and CB v Apthorp, Brian Drew [2025] HKDC 208. The Court of Final Appeal also referred to Court of First Instance decisions at [2022] HKCFI 1046 and [2022] HKCFI 1102.

In its ruling, the Court of Final Appeal drew on its own earlier authorities at (2020) 23 HKCFAR 15, (2002) 5 HKCFAR 356, (2006) 9 HKCFAR 162, (2023) 26 HKCFAR 385, and (2023) 26 HKCFAR 478, together with [2018] 3 HKLRD 778 and [2024] 2 HKLRD 104. The court held: "leave to appeal was granted in the negative." The decision was subsequently cited in LN v Commissioner of Police [2025] HKCFI 3604.

Summary

The Commissioner of Police and the Secretary for Justice and Secretary for Security were respondents in proceedings brought by CB, involving constitutional and public law issues. The case raised questions of sufficient importance to reach the Court of Final Appeal. The Court of Final Appeal determined the application.

What did the Court of Final Appeal hold in CB v Commissioner of Police, Secretary for Justice, Secretary for Security [2025] HKCFA 10?

The Court of Final Appeal held "leave to appeal was granted in the negative," drawing on a series of earlier Court of Final Appeal authorities including (2020) 23 HKCFAR 15 and (2023) 26 HKCFAR 385, among others.

What litigation history preceded CB v Commissioner of Police, Secretary for Justice, Secretary for Security [2025] HKCFA 10?

The matter followed related proceedings including CB v Commissioner of Police and Another [2024] HKCA 1086 and CB v Apthorp, Brian Drew at [2024] HKDC 1160 and [2025] HKDC 208, alongside Court of First Instance rulings at [2022] HKCFI 1046 and [2022] HKCFI 1102.

How was CB v Commissioner of Police, Secretary for Justice, Secretary for Security [2025] HKCFA 10 later cited?

It was cited in the Court of First Instance decision LN v Commissioner of Police [2025] HKCFI 3604.

Cases Cited (13)

UK (1)

[2014] QB 411

HK (12)

(2002) 5 HKCFAR 356 (2006) 9 HKCFAR 162 (2020) 23 HKCFAR 15 (2023) 26 HKCFAR 385 (2023) 26 HKCFAR 478 [2018] 3 HKLRD 778 [2022] HKCFI 1046 [2022] HKCFI 1102 [2024] 2 HKLRD 104 [2024] HKCA 1086 [2024] HKDC 1160 [2025] HKDC 208

Cited By (1)

[2025] HKCFI 3604

LN V. COMMISSIONER OF POLICE

Citation influence

HKLII records this judgment as cited by 2 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2025] HKCFI 3604 Court of First Instance

15 August 2025

[2025] HKDC 1649 區域法院

3 November 2025