New judgments

The present leave application was dismissed at the hearing for reasons which we now provide.

The applicant, Dr Chu Kin Wah, was found guilty by an Inquiry Panel of the Medical Council of Hong Kong of two counts of professional misconduct relating to his treatment of a patient, specifically regarding management decisions on dates including 18 November 2015 and 30 July 2016 in connection with closure of a colostomy and review of GE films. The Panel ordered removal of his name from the register of medical practitioners for 3 months and 6 months respectively on the two counts. The applicant contended that the contemporaneous management of the patient by another treating doctor, Dr van Langenberg, should have been treated as evidence of a responsible body of medical opinion under the Bolam test, and that the Panel erred in its handling of the evidence and the prosecution's opening.

The appellant pleaded guilty before a magistrate to a single charge of trafficking in a dangerous drug , namely 1.98 kilogrammes of a crystalline solid containing 768 grammes of methamphetamine hydrochloride (commonly known as Ice), contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance, Cap 134. On 15 May 2019, he was sentenced in the High Court by Anthea Pang J (as Anthea Pang JA then was) (the judge) to 14 years and 8 months’ imprisonment .

On 27 October 2019, the appellant arrived at Hong Kong International Airport from São Paulo via Addis Ababa. At the Green Channel in Customs Arrival Hall B, six transparent plastic packets containing white granules were found in his socks; narcotic testing confirmed cocaine. He was admitted to Queen Elizabeth Hospital, where he discharged 77 further packets of cocaine. In his cautioned statement, the appellant said he had been instructed by 'Leandro' to bring cocaine to Hong Kong for a promised reward of 20,000 Brazilian Reals; he had been given 100 pellets to swallow, vomited 12 in Addis Ababa, and vomited more on arrival in Hong Kong, keeping them in his socks. He was found with US$1,000 and 82 Brazilian Reals. The 83 packets totalled 910.40 grammes of a solid containing 768.50 grammes of cocaine, with a retail value of HK$930,428.

This is the Plaintiff’s renewed application to the Court of Appeal for leave to appeal against the order of Au-Yeung J dated 19 September 2023 (“ the Order ”) dismissing the Plaintiff’s application for further and better particulars of the Defence dated 23 November 2022.

The applicant was involved in a conspiracy during 1 April 2021 to 5 July 2021 to cause explosions likely to endanger life or property. He joined a local political group 'Student Politicism / 賢學思政' and later connected with members of 'Returning Valiant / 光城者' (A1 and A2). The applicant proposed escalating actions against the government by targeting government offices, police quarters and court buildings, and was put in contact with A3, the mastermind. The applicant provided HK$40,000 cash to A3 to purchase equipment for manufacturing TATP explosives, sent A3 information on how to make TATP, and agreed to recruit at least 10 lookouts for the planned attacks on Tuen Mun and Kwun Tong Law Courts Buildings. The conspiracy was foiled by police on 5 July 2021, by which time the plot had moved beyond concept to procurement and reconnaissance.

This is an appeal against the decision of Deputy High Court Judge (Non-refoulement Claims) Isaac Chan (“the Judge”) given on 22 June 2026 [1] (“the Leave Decision”) refusing to grant leave for the applicant to apply for judicial review. The intended judicial review was against the decision of the Torture Claims Appeal Board/adjudicator of the Non‑Refoulement Claims Petition Office (“the Board”) dated 30 November 2022 (“the Board’s Decision”) dismissing the appl