Two weeks of Hong Kong court work, distilled for practice: how the Court of Appeal treats judicial-review leave appeals, when the High Court will shut the door on repeat filings, and why defamation, national-security leave and arbitral process still deserve a place on the Monday meeting agenda.

From the judgments

[2026] HKCA 1358 — leave appeals are error-based, not a second trial

The Court of Appeal dismissed an appeal against refusal of an extension of time and leave to apply for judicial review. Unless the applicant can point to a viable error in the first-instance decision, the appeal fails. Risk, protection and relocation stay with the Board and the Director. Do not run Form 86 or time-extension appeals as a re-hearing of the claim.

[2026] HKCFI 4453 — Restricted Proceedings Order after serial filings

Leave was refused and a Restricted Proceedings Order made after persistent re-litigation of a determined non-refoulement claim. A later claim still needs a significant change of circumstances with a realistic prospect of success. Without that, expect the court to bar further proceedings unless a judge first grants leave.

[2026] HKCFI 4564 — the three-month clock still bites

A long, unexplained delay defeated leave. Judicial-review leave must be sought promptly and within three months unless there is good reason. Diary the decision date; a weak explanation plus thin merits is a short hearing.

[2026] HKCFI 4448 — enhanced scrutiny is not a blank cheque

An argument that the Torture Claims Appeal Board fettered its discretion failed. Non-refoulement cases attract a closer look, but the court still wants a particularised error of law, unfairness or irrationality — not a general complaint about the Board’s risk findings.

Around the profession

Court orders defunct Apple Daily to pay HK$1.5 million over defamatory articles

The High Court awarded HK$1.5 million against the defunct newspaper’s publisher and internet company over 2019 articles that accused a listed company and two executives of spying on activists. Truth was not proved, and the plaintiffs were not given a chance to respond before publication. Justification still needs evidence; silence before print still costs.

Court approves last attempt by 11 jailed opposition figures to clear their names

The Court of Appeal granted final leave on five points of law of great and general importance: where criminal conduct ends and a lawmaker’s constitutional duties begin. The Court of Final Appeal can still refuse to hear the case. Constitutional and national-security teams should keep this on the watch list.

Enforcement Risks of AI-Assisted Arbitral Awards in Hong Kong: An Update

Hong Kong Lawyer’s August update is blunt: if AI is allowed to do the deciding — or to invent the authorities — set-aside and enforcement risk is no longer theoretical. The Ordinance does not name the tools; it still expects the appointed arbitrator to decide. Disclose, verify, and keep human accountability on the face of the award.

Hong Kong court affirms joint employment finding in injury claim

Two related family businesses remain liable for employees’ compensation after the Court of Appeal refused to disturb a joint-employment finding. Overlapping workshops, shared control and a “dormant company” story that the documents did not support. Employment and insurers should treat the group, not the letterhead, as the real employer.

Browse Hong Kong judgments on Common Laws · Start a research query

Image: Magnet larry / Wikimedia Commons